Texas Civil Practice and Remedies Code

§ 147.081 — AFFIRMATIVE DEFENSE: NOTICE TO CURE OR CORRECT

CP § 147.081Title 6. MISCELLANEOUS PROVISIONS · Ch. 147. YEAR 2000 COMPUTER DATE FAILURE · Art. C. AFFIRMATIVE DEFENSES TO LIABILITY

Statute text

View on source

(a)It is an affirmative defense to liability in an action if:

(1)the claimant was notified in the manner provided by Section 147.082 that the computer product or computer service product may manifest computer date failure;

(2)the claimant was offered a cure or correction for the computer date failure; and

(3)the offered cure or correction would have avoided the harm to the claimant caused by the computer date failure.

(b)In addition to the requirement of Subsection (a), to establish the affirmative defense provided by this section:

(1)if the claimant's action involves a recent consumer product, the defendant must prove that the charge, if any, for the cure or correction did not exceed the reasonable charges for the delivery and installation of the product or items needed to cure or correct the computer date failure; or

…

Legislative history

Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.