Texas Civil Practice and Remedies Code
Sec. § 147.048
Offer to Settle


(a)

A defendant receiving notice under Section 147.044 may offer to settle the claim. The offer may include an offer to cure or correct the computer date failure.

(b)

The offer must be accepted by the claimant not later than the 30th day after the date the offer is made or the offer is rejected.

(c)

A defendant may file a rejected offer to settle with the court with an affidavit certifying its rejection.

(d)

If the court finds that the amount tendered in a rejected offer to settle filed with the court is the same as, substantially the same as, or more than the damages found by the trier of fact, the claimant may not recover any amount in excess of the lesser of:

(1)

the amount of damages tendered in the settlement offer; or

(2)

the amount of damages found by the trier of fact.

(e)

Subsection (d) does not apply if the court finds that the defendant making the offer:

(1)

could not perform the offer when the offer was made; or

(2)

substantially misrepresented the value of the offer.

(f)

In this section, the term "damages" does not include attorneys fees or litigation expenses.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
Sec. 147.081. AFFIRMATIVE DEFENSE: NOTICE TO CURE OR CORRECT. (a) It is an affirmative defense to liability in an action if:

(1)

the claimant was notified in the manner provided by Section 147.082 that the computer product or computer service product may manifest computer date failure;

(2)

the claimant was offered a cure or correction for the computer date failure; and

(3)

the offered cure or correction would have avoided the harm to the claimant caused by the computer date failure.

(b)

In addition to the requirement of Subsection (a), to establish the affirmative defense provided by this section:

(1)

if the claimants action involves a recent consumer product, the defendant must prove that the charge, if any, for the cure or correction did not exceed the reasonable charges for the delivery and installation of the product or items needed to cure or correct the computer date failure; or

(2)

if the claimants action involves a computer product or computer service product that is not a recent consumer product, the defendant must prove that the charge, if any, for the cure or correction did not exceed the reasonable and necessary costs to develop, produce, deliver, and install the product or items needed to cure or correct the computer date failure.

(c)

If the cure or correction described by Subsection (a) is designed to cure or correct a computer date failure for only a limited period of time, that cure or correction does not entitle a person to a defense to liability for harm caused by the computer date failure after the period of time expires.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
Source
Last accessed
Jun. 26, 2019