(a) A claimant may not commence an action unless the claimant gave notice to the defendant before the 60th day preceding the date the action commences.
(b) If the 60-day notice requirement under Subsection (a) would prevent commencing the action before the expiration of the period of limitation or repose, the claimant must give notice to the defendant before the 31st day after the date the action commences.

Terms Used In Texas Civil Practice and Remedies Code 147.044

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011

(c) If the action is a counterclaim, cross-claim, or third-party action, the claimant must give notice to the defendant before the 31st day after the date of service on the defendant.
(d) The notice must:
(1) be in writing;
(2) identify the claimant;
(3) describe in reasonable detail the computer date failure and the harm caused by the failure; and
(4) include a specific statement of the amount of the damages claimed or the remedy sought.

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