Tex. Civ. Practice & Remedies Code Section 147.085
Admissibility of Statement Relating to Computer Date Failure

(a)

The following are not admissible to prove liability for computer date failure:

(1)

an offer to settle under Section 147.048 (Offer to Settle);

(2)

notice required under Section 147.081 (Affirmative Defense: Notice to Cure or Correct)(a)(1);

(3)

except as provided by Subsection (b), evidence of furnishing or offering or promising to furnish a correction or cure for a present or future computer date failure; or

(4)

except as provided by Subsection (c), a statement made in the process of correcting, curing, or attempting to correct or cure a present or future computer date failure.

(b)

Evidence of furnishing or offering or promising to furnish a correction or cure for a present or future computer date failure is admissible to the extent it is evidence of a guarantee or warranty of the correction or cure and the claim is for breach of the guarantee or warranty.

(c)

A statement made in the process of correcting, curing, or attempting to correct or cure a present or future computer date failure is admissible if:

(1)

the statement is false;

(2)

the statement is made with knowledge that it is false; and

(3)

the claimant relied on the statement to the claimant’s detriment.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.

Source: Section 147.085 — Admissibility of Statement Relating to Computer Date Failure, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­147.­htm#147.­085 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 147.085’s source at texas​.gov