Texas § HR.121.0041 - PROCEDURES FOR CERTAIN ACTIONS

§ HR.121.0041. PROCEDURES FOR CERTAIN ACTIONS

PROCEDURES FOR CERTAIN ACTIONS; OPPORTUNITY TO CURE. (a) In this section: (1) "Claimant" means a person filing or intending to file an action under Section 121.004 (b). (2) "Respondent" means the person against whom a claimant files or intends to file an action under Section 121.004 (b). (b) This section applies only to an action under Section 121.004 (b) alleging a failure to comply with applicable design, construction, technical, or similar standards required under Chapter 469 , Government Code, or other applicable state or federal laws that require compliance with specified design, construction, technical, or similar standards, including Internet website accessibility guidelines, to accommodate persons with disabilities. (c) Not later than the 60th day before the date an action to which this section applies is filed, the claimant must give written notice of the claim to the respondent. The notice may be given in a manner prescribed for service of process in a civil action. The written notice: (1) must state: (A) the name of the individual alleging a failure to comply with applicable design, construction, technical, or similar standards; (B) in reasonable detail, each alleged violation; and (C) the date, place, and manner in which the claimant discovered the alleged violation; and (2) may not demand a sum of damages, request settlement, or offer to settle the claim without a determination of whether a condition stated in the notice is excused by law or may be remedied. (d) A respondent who has received a written notice under Subsection (c) may correct the alleged violation before the earliest date on which the claimant may file the action. (e) A respondent who has corrected an alleged violation shall provide a notice of the correction to the claimant that describes each correction and the manner in which the correction addresses the alleged violation. If the respondent concludes that an alleged violation has not occurred and that a correction is not necessary, the respondent shall provide the claimant an explanation of the respondent's conclusion. The notice of correction or explanation may be given in a manner prescribed for service of process in a civil action. (f) If a claimant files an action to which this section applies, the claimant must establish by a preponderance of the evidence that the respondent has not corrected one or more of the alleged violations stated in the written notice provided under Subsection (c). (g) If an action is filed, the respondent may file a plea in abatement and request an evidentiary hearing on the plea. The court shall abate the action for a period not to exceed 60 days after the date of the hearing if the court finds by a preponderance of the evidence that: (1) the respondent initiated action to correct the alleged violation during the time allowed under Subsection (d); (2) the respondent could not complete the corrections within that time; and (3) the corrections will be completed by the end of the period of abatement. (h) If a respondent has provided the notice of correction or has completed corrections during a period of abatement under Subsection (g): (1) the claimant may file a motion to dismiss the action without prejudice; or (2) the respondent may file a motion for summary judgment in accordance with the Texas Rules of Civil Procedure. Added by Acts 2017, 85th Leg., R.S., Ch. 342 (H.B. 1463 ), Sec. 2, eff. September 1, 2017.