2021 Texas Statutes
Civil Practice and Remedies Code
Title 6 - Miscellaneous Provisions
Chapter 147 - Year 2000 Computer Date Failure
Subchapter C. Affirmative Defenses to Liability
Section 147.085. Admissibility of Statement Relating to Computer Date Failure
Sec. 147.085. ADMISSIBILITY OF STATEMENT RELATING TO COMPUTER DATE FAILURE. (a) The following are not admissible to prove liability for computer date failure:
(1) an offer to settle under Section 147.048;
(2) notice required under Section 147.081(a)(1);
(3) except as provided by Subsection (b), evidence of furnishing or offering or promising to furnish a correction or cure for a present or future computer date failure; or
(4) except as provided by Subsection (c), a statement made in the process of correcting, curing, or attempting to correct or cure a present or future computer date failure.
(b) Evidence of furnishing or offering or promising to furnish a correction or cure for a present or future computer date failure is admissible to the extent it is evidence of a guarantee or warranty of the correction or cure and the claim is for breach of the guarantee or warranty.
(c) A statement made in the process of correcting, curing, or attempting to correct or cure a present or future computer date failure is admissible if:
(1) the statement is false;
(2) the statement is made with knowledge that it is false; and
(3) the claimant relied on the statement to the claimant's detriment.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
