Tex. Labor Code Section 213.034
Statement as Evidence in Civil Action; Denial

(a)

If a civil action filed under this subchapter is supported by a statement, report, or audit issued by the commission and the commission certifies that the contribution, penalty, and interest shown to be due by the statement, report, or audit are delinquent and that all offsets, payments, and credits have been allowed, the statement, report, or audit is prima facie evidence of the truth of its contents unless before an announcement of ready for trial the defendant files an affidavit that:

(1)

denies that all or part of the contribution, penalty, or interest is due; and

(2)

states the details relating to any part of the contribution, penalty, or interest claimed not due.

(b)

If the defendant files an affidavit described by Subsection (a) on the day of the trial, the court at the request of the plaintiff shall postpone the cause for a reasonable time.

(c)

A defendant who does not file an affidavit in accordance with this section may not deny the claim for the contribution, penalty, or interest or an item of the claim.
Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Source: Section 213.034 — Statement as Evidence in Civil Action; Denial, https://statutes.­capitol.­texas.­gov/Docs/LA/htm/LA.­213.­htm#213.­034 (accessed Jun. 5, 2024).

213.001
Representation in Court 213.002
Prosecution of Criminal Actions 213.003
Admissibility of Certified Copy of Commission Record 213.004
Admissibility of Report or Audit 213.005
Costs Adjudged Against State or Commission 213.006
Priority of Claim for Contribution 213.007
Collateral Estoppel Doctrine Inapplicable 213.008
Election of Collection Remedies 213.009
Commission Enforcement of Out-of-state Judgment 213.010
Notice to Indian Tribes 213.011
Effect of Previous Employment Determination 213.012
Restrictions or Conditions on Payments Prohibited 213.021
Interest on Past Due Contribution 213.022
Penalty for Failure to File Report 213.023
Penalty for Other Violation 213.024
Penalty for Continuing Violation 213.025
Additional Interest on Judgment or Final Assessment for Past Due Contribution 213.031
Collection Required 213.032
Service of Notice of Assessment 213.033
Limitations 213.034
Statement as Evidence in Civil Action 213.035
Costs 213.036
Abstract of Judgment 213.051
Forfeiture of Right to Employ Individuals in This State 213.052
Injunction Restraining Certain Violations 213.053
Violation of Injunction 213.054
Offset Against State Warrant 213.055
Audit of Employer 213.056
Estimated Taxable Wages if Report Not Filed 213.057
Tax Lien 213.058
Additional Tax Lien Enforced by Commission 213.059
Delinquency 213.060
Enforcement Against Indian Tribe 213.071
Credit or Refund of Overpayment 213.072
Application 213.073
Appeal of Commission Determination 213.074
Interest Not Allowed 213.075
Adjustment or Refund on Commission Initiative
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 213.034’s source at texas​.gov