Tex.
Civ. Practice & Remedies Code Section 147.082
Notice
(a)
Notice under Section 147.081 (Affirmative Defense: Notice to Cure or Correct) 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 (Affirmative Defense: Notice to Cure or Correct)(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 (Affirmative Defense: Notice to Cure or Correct)(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 recipient’s right to recover damages.(b)
Notice under Section 147.081 (Affirmative Defense: Notice to Cure or Correct) 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 (Affirmative Defense: Notice to Cure or Correct) 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.(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.
Source:
Section 147.082 — Notice, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.147.htm#147.082 (accessed Apr. 20, 2024).
