Sec. 89.0041. NOTICE OF SUIT AGAINST COUNTY. (a) A person filing suit against a county or against a county official in the official's capacity as a county official shall deliver written notice to:
(1) the county judge; and
(2) the county or district attorney having jurisdiction to defend the county in a civil suit.
(b) The written notice must be delivered by certified or registered mail by the 30th business day after suit is filed and contain:
(1) the style and cause number of the suit;
(2) the court in which the suit was filed;
(3) the date on which the suit was filed; and
(4) the name of the person filing suit.
(c) If a person does not give notice as required by this section, the court in which the suit is pending shall dismiss the suit on a motion for dismissal made by the county or the county official.
Added by Acts 2003, 78th Leg., ch. 1203, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 21, eff. September 1, 2005.
Structure Texas Statutes
Title 3 - Organization of County Government
Subtitle B - Commissioners Court and County Officers
Chapter 89 - General Provisions Relating to County Administration
Section 89.001. Special Counsel in Populous Counties
Section 89.002. State Association of Counties
Section 89.003. Central Mailing System in Counties With Population of More Than One Million
Section 89.004. Presentation of Claim
Section 89.0041. Notice of Suit Against County