Sec. 815.5111. DILIGENT PROSECUTION OF SUIT. The plaintiff shall prosecute with reasonable diligence any suit brought under Section 815.511(f). If the plaintiff does not secure proper service of process or does not prosecute the 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 or on behalf of the retirement system unless the plaintiff, after receiving appropriate notice, shows good cause for the delay.
Added by Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 21, eff. September 1, 2005.
Structure Texas Statutes
Title 8 - Public Retirement Systems
Subtitle B - Employees Retirement System of Texas
Subchapter F. Miscellaneous Administrative Procedures
Section 815.501. Statement of Amount in Individual Accounts
Section 815.5021. Payment to Alternate Beneficiary
Section 815.504. Reproduction and Preservation of Records
Section 815.505. Certification of Names of Law Enforcement and Custodial Officers
Section 815.506. Budget and Actuarial Information
Section 815.507. Plan Qualification
Section 815.5071. Trustee-to-Trustee Transfer
Section 815.5072. Excess Benefit Arrangement
Section 815.508. Complaint Files
Section 815.509. Advisory Committees
Section 815.5091. Membership on Advisory Committee on Investments
Section 815.5092. Ineligibility for Membership on Advisory Committee on Investments
Section 815.5093. Review of and Removal From Advisory Committee on Investments
Section 815.510. Annual Report
Section 815.511. Administrative Decision; Appeal and Negotiation
Section 815.5111. Diligent Prosecution of Suit
Section 815.512. Protection From Double or Multiple Liability
Section 815.513. Exclusive Remedies
Section 815.514. Mailings on Behalf of Nonprofit Association
Section 815.515. Disposition of Unclaimed Contributions of Former Members