Texas Civil Practice & Remedies Code - Section 42.002. Applicability And Effect
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§ 42.002. APPLICABILITY AND EFFECT. (a) The settlement
procedures provided in this chapter apply only to claims for
monetary relief.
(b) This chapter does not apply to:
(1) a class action;
(2) a shareholder's derivative action;
(3) an action by or against a governmental unit;
(4) an action brought under the Family Code;
(5) an action to collect workers' compensation
benefits under Subtitle A, Title 5, Labor Code; or
(6) an action filed in a justice of the peace court.
(c) This chapter does not apply until a defendant files a
declaration that the settlement procedure allowed by this chapter
is available in the action. If there is more than one defendant,
the settlement procedure allowed by this chapter is available only
in relation to the defendant that filed the declaration and to the
parties that make or receive offers of settlement in relation to
that defendant.
(d) This chapter does not limit or affect the ability of any
person to:
(1) make an offer to settle or compromise a claim that
does not comply with this chapter; or
(2) offer to settle or compromise a claim to which this
chapter does not apply.
(e) An offer to settle or compromise that is not made under
this chapter or an offer to settle or compromise made in an action
to which this chapter does not apply does not entitle the offering
party to recover litigation costs under this chapter.
Added by Acts 2003, 78th Leg., ch. 204, § 2.01, eff. Sept. 1,
2003.
Section: 41.009 41.010 41.0105 41.011 41.012 41.013 42.001 42.002 42.003 42.004 42.005 51.001 51.002 51.011 51.012
Last modified: August 11, 2007
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