85th Texas Legislature, Regular Session, House Bill 1774, Chapter 151 Page: 4 of 16
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H.B. No. 1774
1 (B) Subchapter B, Chapter 542; or
2 (C) Subchapter E, Chapter 17, Business & Commerce
3 Code.
4 (b) This chapter does not apply to an action against the
5 Texas Windstorm Insurance Association or to an action relating to
6 or arising from a policy ceded to an insurer by the Texas Windstorm
7 Insurance Association under Subchapter O, Chapter 2210. This
8 chapter applies to an action that relates to or arises from a policy
9 renewed under Section 2210.703.
10 Sec. 542A.003. NOTICE REQUIRED. (a) In addition to any
11 other notice required by law or the applicable insurance policy,
12 not later than the 61st day before the date a claimant files an
13 action to which this chapter applies in which the claimant seeks
14 damages from any person, the claimant must give written notice to
15 the person in accordance with this section as a prerequisite to
16 filing the action.
17 (b) The notice required under this section must provide:
18 (1) a statement of the acts or omissions giving rise to
19 the claim;
20 (2) the specific amount alleged to be owed by the
21 insurer on the claim for damage to or loss of covered property; and
22 (3) the amount of reasonable and necessary attorney's
23 fees incurred by the claimant, calculated by multiplying the number
24 of hours actually worked by the claimant's attorney, as of the date
25 the notice is given and as reflected in contemporaneously kept time
26 records, by an hourly rate that is customary for similar legal
27 services.4
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Texas. Legislature. House of Representatives. 85th Texas Legislature, Regular Session, House Bill 1774, Chapter 151, legislative document, May 26, 2017; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth1050483/m1/4/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.