Texas Civil Practice And Remedies Code Title 6, Chapter 147 - Year 2000 Computer Date Failure

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 147.001 - Definitions
  In this chapter: (1) "Action" means a cause of action to which this chapter applies. (2) "Claimant" means a party seeking recovery of damages or...
• Texas Section 147.002 - Action For Computer Date Failure
  Subject to Section 147.004 and regardless of the legal theory, statute, or cause of action on which the action is based, including an action based...
• Texas Section 147.003 - Computer Date Failure
  A computer date failure is the inability to correctly process, recognize, store, receive, transmit, or in any way use date data: (1) referring to the...
• Texas Section 147.004 - Applicability
  This chapter does not apply to an action: (1) for death or bodily injury; (2) to collect workers' compensation benefits under the workers' compensation laws...
• Texas Section 147.005 - Duty Or Action Not Created
  (a) This chapter does not create a duty. (b) This chapter does not create a cause of action. Added by Acts 1999, 76th Leg., ch....
• Texas Section 147.006 - Immunity Not Affected
  This chapter does not expand or limit the immunity of a person under any other law or statute providing immunity. Added by Acts 1999, 76th...
• Texas Section 147.007 - Insurance Coverage Not Affected
  This chapter does not affect the coverage or benefits of parties under a contract of insurance. Added by Acts 1999, 76th Leg., ch. 128, Sec....
• Texas Section 147.008 - Sovereign Immunity Not Waived
  This chapter does not waive any immunity of the state or of a political subdivision of the state or any employee or officer thereof. Added...

SUBCHAPTER B PREREQUISITES TO BRINGING ACTION

• Texas Section 147.009 - Manufacturer's Duty To Indemnify
  This chapter does not relieve a manufacturer from the obligation, if any, to indemnify a seller for losses arising out of a product liability action...
• Texas Section 147.041 - Limitations Period
  (a) An action must be brought not later than two years after the date the computer date failure first caused the harm that is the...
• Texas Section 147.042 - Repose
  (a) Except as provided by Subsection (b), a claimant must commence an action against a manufacturer or seller of a computer product or computer service...
• Texas Section 147.043 - Disability
  Section 16.001 applies to the periods of limitation and repose established by this subchapter. Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff....
• Texas Section 147.044 - Notice
  (a) A claimant may not commence an action unless the claimant gave notice to the defendant before the 60th day preceding the date the action...
• Texas Section 147.045 - Notice Stays Proceedings
  All proceedings in the action are stayed for 60 days following the date the defendant received the notice under Section 147.044. Added by Acts 1999,...
• Texas Section 147.046 - Failure To Give Notice
  (a) On motion of the defendant that the claimant did not give the notice under Section 147.044, the court shall: (1) abate the action; and...
• Texas Section 147.047 - Inspection
  (a) A person receiving notice under Section 147.044 may inspect a computer product or computer service product that is subject to the claimant's control to...

SUBCHAPTER C AFFIRMATIVE DEFENSES TO LIABILITY

• Texas Section 147.048 - Offer To Settle
  (a) A defendant receiving notice under Section 147.044 may offer to settle the claim. The offer may include an offer to cure or correct the...
• Texas Section 147.081 - Affirmative Defense: Notice To Cure Or Correct
  (a) It is an affirmative defense to liability in an action if: (1) the claimant was notified in the manner provided by Section 147.082 that...
• Texas Section 147.082 - Notice
  (a) Notice under Section 147.081 must: (1) identify the computer product or computer service product that manifests or may manifest a computer date failure; (2)...
• Texas Section 147.083 - Notice On Year 2000 Project Office Website
  (a) A person who provides information to the Year 2000 Project Office website to satisfy the requirements of Section 147.082 is responsible for the accuracy...
• Texas Section 147.084 - Affirmative Defense: Reliance
  (a) In an action for fraud, misrepresentation, disparagement, libel, or other similar action based on the alleged falsity or misleading character of a computer date...

SUBCHAPTER D DAMAGES

• Texas 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; (2) notice required under...
• Texas Section 147.121 - Damage Limitations Apply Only If Defendant Shows Good Faith Effort To Cure Or Correct
  The limitations on the recovery of damages established by Section 147.122 apply to a claimant only if the defendant can show a good faith effort...
• Texas Section 147.122 - Damages Not Recoverable
  (a) Subject to Section 147.121, a claimant may not recover the following damages in an action: (1) damages for mental anguish, loss of consortium, or...
• Texas Section 147.123 - Mitigation Of Damages
  (a) In an action to which Chapter 33 applies, the court shall instruct the finder of fact regarding the determination of responsibility pursuant to Section...

Last modified: September 28, 2016