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Texas Labor Code - Section 213.034. Statement As Evidence In Civil Action; Denial

Legal Research Home > Texas Laws > Labor Code > Texas Labor Code - Section 213.034. Statement As Evidence In Civil Action; Denial

§ 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, § 1, eff. Sept. 1, 1993.                    

Last modified: August 11, 2007