§ 147.047.Inspection
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
Full Text of § 147.047
Plain-English Summary
A pre-suit inspection right, and it is unusual to find one in a statute.
Subsection (a): a person receiving notice may inspect a computer product or computer service product that is subject to the claimant’s control to assess the nature, scope, and consequences of the computer date failure.
The purpose clause is a real limit. The inspection is to assess the failure, not to conduct general discovery about the claimant’s business.
"Subject to the claimant’s control" is the other limit, and it is practical: a claimant cannot produce what it does not control, and a system hosted or owned by someone else is outside the right.
Why the right exists is worth stating. A defendant receiving a notice describing a failure in a system it cannot see is being asked to evaluate a claim blind — and to decide within 60 days whether to offer settlement, knowing an unreasonable refusal caps the claimant’s recovery only if the offer was adequate.
Inspection is what makes that judgment possible.
Subsection (b) sets the standard: the inspection must be conducted in a reasonable manner and at a reasonable time and place — three separate reasonableness requirements, each a way the right can be exceeded.
The section supplies no enforcement mechanism, so a claimant who refuses access faces no stated sanction. The practical consequence is that the defendant assesses the claim on what it has, and the settlement offer reflects that.
Frequently Asked Questions
Can a defendant inspect my system before suit?
Yes, where the product is subject to your control, to assess the nature, scope and consequences of the failure.
Is it unlimited?
No. It must be conducted in a reasonable manner and at a reasonable time and place, and only for that assessment purpose.
What if I refuse?
The section supplies no sanction. The defendant assesses the claim on what it has, and any settlement offer reflects that.
Amendment History
- Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.