85th Texas Legislature, Regular Session, House Bill 1774, Chapter 151 Page: 7 of 16
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H.B. No. 1774
1 (2) requested under Section 542A.004 but was not
2 provided a reasonable opportunity to inspect, photograph, or
3 evaluate the property that is the subject of the claim.
4 (c) An action is automatically abated without a court order
5 beginning on the 11th day after the date a plea in abatement is
6 filed if the plea:
7 (1) is verified and alleges that the person against
8 whom the action is pending:
9 (A) did not receive a presuit notice complying
10 with Section 542A.003; or
11 (B) requested under Section 542A.004 but was not
12 provided a reasonable opportunity to inspect, photograph, or
13 evaluate the property that is the subject of the claim; and
14 (2) is not controverted by an affidavit filed by the
15 claimant before the 11th day after the date the plea in abatement is
16 filed.
17 (d) An affidavit described by Subsection (c)(2)
18 controverting whether the person against whom the action is pending
19 received a presuit notice complying with Section 542A.003 must:
20 (1) include as an attachment a copy of the document the
21 claimant sent to give notice of the claimant's action; and
22 (2) state the date on which the notice was given.
23 (e) An abatement under this section continues until the
24 later of:
25 (1) the 60th day after the date a notice complying with
26 Section 542A.003 is given; or
27 (2) the 15th day after the date of the requested7
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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/m1/7/?rotate=270: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.