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Tex. Loc. Gov't Code § 89.0041

NOTICE OF SUIT AGAINST COUNTY

Applied in 10 court decisions — leading case Roccaforte v. Jefferson County (2011)

Most recently applied in BankDirect Capital Finance, LLC v. Plasma Fab, LLC (May 2017)

Added by Acts 2003, 78th Leg., ch. 1203, Sec. 3, eff

How often courts cite this section

20072010201750
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A person filing suit against a county or against a county official in the official's capacity as a county official shall deliver written notice to:

(1) the county judge; and

(2) the county or district attorney having jurisdiction to defend the county in a civil suit.

(b) The written notice must be delivered by certified or registered mail by the 30th business day after suit is filed and contain:

(1) the style and cause number of the suit;

(2) the court in which the suit was filed;

(3) the date on which the suit was filed; and

(4) the name of the person filing suit.

(c) If a person does not give notice as required by this section, the court in which the suit is pending shall dismiss the suit on a motion for dismissal made by the county or the county official.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.