Texas Occupations Code

Sec. § 1201.602
Action Against Manufacturer, Installer, or Retailer: Abatement or Bar

(a)

Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if:

(1)

a plea in abatement is filed with the court not later than the 45th day after the movant’s answer date; and

(2)

the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355 (Consumer Complaint Home Inspection).

(b)

The abatement continues until the earlier of:

(1)

the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director; or

(2)

the expiration of a period not to exceed 150 days.

(c)

A consumer’s refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to:

(1)

comply with a written or implied warranty; or

(2)

perform warranty service.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Source

Last accessed
Jun. 7, 2021

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