The plaintiff shall prosecute with reasonable diligence any suit brought under Section 5.351 or 5.352 of this code. If the plaintiff does not secure proper service of process or does not prosecute his suit within one year after it is filed, the court shall presume that the suit has been abandoned. The court shall dismiss the suit on a motion for dismissal made by the attorney general unless the plaintiff after receiving due notice can show good and sufficient cause for the delay.
Tex. Water Code § 5.353
DILIGENT PROSECUTION OF SUIT
Applied in 1 court decision — leading case Sierra Club v. Texas Commission on Environmental Quality (2005)
Most recently applied in Sierra Club v. Texas Commission on Environmental Quality (March 2005)
Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.001, eff
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.