Texas Civil Practice and Remedies Code
Sec. § 147.082
Notice


(a)

Notice under Section 147.081 must:

(1)

identify the computer product or computer service product that manifests or may manifest a computer date failure;

(2)

explain how a cure or correction to the computer product or computer service product may be obtained;

(3)

(A) in the case of a recent consumer product, state that there is no additional charge for the cure or correction and state the amount that will be charged, if any, for delivering and installing the cure or correction, as authorized by Section 147.081(b)(1); or

(B)

in the case of a product or service that is not a recent consumer product, state the amount that will be charged, if any, for the cure or correction, as authorized by Section 147.081(b)(2); and

(4)

inform the recipient that the solution is offered to avoid harm to the recipient and that offering the cure or correction could affect the recipients right to recover damages.

(b)

Notice under Section 147.081 must be received by the claimant before the beginning of the longer of the following periods:

(1)

the 90th day before the date the claimant suffers harm from the computer date failure; or

(2)

the time needed to order, deliver, and install the correction to the product or service before the claimant suffers harm from the computer date failure.

(c)

The defendant may satisfy the notice requirement under Section 147.081 by showing that:

(1)

the defendant delivered notice within the period provided by this section; or

(2)

the claimant actually received notice within the period provided by this section.

(d)

There is a rebuttable presumption that notice has been delivered to a claimant if the Year 2000 Project Office website or toll-free telephone number established under Section 147.083(e) provides access to information from which a person may obtain the information required by this section relating to a cure or correction for the computer date failure. The presumption may be rebutted by credible evidence that the claimant did not receive notice.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
Sec. 147.083. NOTICE ON YEAR 2000 PROJECT OFFICE WEBSITE. (a) A person who provides information to the Year 2000 Project Office website to satisfy the requirements of Section 147.082 is responsible for the accuracy of the persons information posted on the website.

(b)

A person is not subject to the jurisdiction of the courts of this state solely on the basis that the person has provided information for posting on the Year 2000 Project Office website.

(c)

The state is not liable for any damages arising from its Year 2000-related activities conducted by the Department of Information Resources, including:

(1)

operation of the Year 2000 Project Office website;

(2)

reliance on the accuracy of the information on the Year 2000 Project Office website; or

(3)

operation and management of the toll-free telephone number established in accordance with Subsection (e).

(d)

The Department of Information Resources in its Year 2000 Project Office website shall provide for the posting of information and the creating of links to other websites to facilitate the posting of notice.

(e)

The Department of Information Resources shall establish a toll-free telephone number for persons who are unable to access the Internet to provide to those persons information relating to a cure or correction for computer date failure posted on or linked to the Year 2000 Project Office website. The Department of Information Resources may establish the toll-free telephone number either in cooperation with the General Services Commission or by contracting with a private vendor.

(f)

Any contracts for goods or services between the Department of Information Resources and private vendors that may be necessary or appropriate to the fulfillment of the requirements of this section are exempt from the requirements of Subtitle D, Title 10, Government Code. If the Department of Information Resources elects to contract with one or more private vendors, the vendors have no greater liability to third parties for their actions than the state would have had if it had provided the goods and services directly.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
Sec. 147.084. AFFIRMATIVE DEFENSE: RELIANCE. (a) In an action for fraud, misrepresentation, disparagement, libel, or other similar action based on the alleged falsity or misleading character of a computer date statement or an express warranty, it is an affirmative defense to liability that:

(1)

the defendant reasonably relied on the computer date statement or express warranty of an independent, upstream manufacturer or seller of the computer product or computer service product that the computer product or computer service product would not manifest computer date failure;

(2)

the statement was false or misleading; and

(3)

the defendant did not have actual knowledge that the statement or warranty was false or misleading.

(b)

In this section, "computer date statement" means a material statement about a computer product or computer service product regarding the present or future ability of a computer product in relation to avoiding computer date failure, including a statement that a computer product or computer service product:

(1)

is "Year 2000 Compliant" or a similar representation; or

(2)

complies with a computer date standard established by a state or federal regulatory agency or by a national or international standards organization.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
Source
Last accessed
Sep. 20, 2019