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Texas Civil Practice and Remedies Code

§ 104.005 — SERVICE OF PROCESS OR TIMELY NOTICE TO ATTORNEY GENERAL REQUIRED

CP § 104.005Title 5. GOVERNMENTAL LIABILITY · Ch. 104. STATE LIABILITY FOR CONDUCT OF PUBLIC SERVANTS

Statute text

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Except as provided by Section 104.0035, the state is not liable for the defense of an action covered by this chapter or for damages, court costs, or attorney's fees unless:
(1)the attorney general has been served in the case and the state has been given an opportunity to defend the suit; or
(2)the person against whom the action is brought delivers to the attorney general all process served on the person not later than the 10th day after the date of service.

Legislative history

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 29, Sec. 3, eff. Oct. 20, 1987.

Source: Texas Civil Practice and Remedies Code § 104.005 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.