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§ 147.045.Notice Stays Proceedings

Title 6. Miscellaneous Provisions · Chapter 147. Year 2000 Computer Date Failure · Subchapter B. Prerequisites to Bringing Action · Last amended 1999 · Last verified August 29, 2026

In one sentenceSection 147.045 stays all proceedings for 60 days after the defendant receives the notice.

Full Text of § 147.045

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All proceedings in the action are stayed for 60 days following the date the defendant received the notice under Section 147.044.
End

Plain-English Summary

One sentence supplying the breathing space the notice regime depends on.

All proceedings in the action are stayed for 60 days following the date the defendant received the notice.

The stay is automatic. No motion, no order, no showing — it follows from receipt.

It exists because the notice is meant to produce something. The two sections that follow give the defendant a right to inspect the affected product and a right to offer to settle, and neither is worth much if the litigation continues while they are exercised.

Sixty days is matched to the settlement machinery. The offer provision gives a claimant 30 days to accept, so the stay accommodates an inspection, an offer, and a decision.

The stay applies where notice is given after filing too, under the subsections allowing that for imminent limitations and for defensive claims. In those cases the action has commenced, and the stay pauses it from receipt.

"All proceedings" is unqualified, so discovery and motion practice stop along with everything else.

The section is short because it needs to be. A stay with conditions attached would generate its own litigation, which is precisely what the notice regime was designed to avoid.

Frequently Asked Questions

What happens after I give notice?

All proceedings in the action are stayed for 60 days from the date the defendant received it.

Does the stay require a court order?

No. It is automatic on receipt of the notice.

Why 60 days?

To allow inspection and a settlement offer, which the claimant then has 30 days to accept.

Amendment History

  • Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source