§ 16.071.Notice Requirements

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 16. Limitations · Subchapter D. Miscellaneous Provisions · Last amended 1991 · Last verified August 29, 2026

In one sentenceSection 16.071 invalidates a contractual notice-of-claim condition that is unreasonable, and treats anything under 90 days as unreasonable.

Full Text of § 16.071

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a)A contract stipulation that requires a claimant to give notice of a claim for damages as a condition precedent to the right to sue on the contract is not valid unless the stipulation is reasonable. A stipulation that requires notification within less than 90 days is void.

(b)If notice is required, the claimant may notify any convenient agent of the company that requires the notice.

(c)A contract stipulation between the operator of a railroad, street railway, or interurban railroad and an employee or servant of the operator is void if it requires as a condition precedent to liability:

(1)the employee or servant to notify the system of a claim for damages for personal injury caused by negligence; or

(2)the spouse, parent, or child of a deceased employee or servant to notify the system of a claim of death caused by negligence.

(d)This section applies to a contract between a federal prime contractor and a subcontractor, except that the notice period stipulated in the subcontract may be for a period not less than the period stipulated in the prime contract, minus seven days.

(e)In a suit covered by this section or Section 16.070, it is presumed that any required notice has been given unless lack of notice is specifically pleaded under oath.

(f)This section does not apply to a contract relating to the sale or purchase of a business entity if a party to the contract pays or receives or is obligated to pay or receive consideration under the contract having an aggregate value of not less than $500,000.

End

Plain-English Summary

Where a contract makes notice of a claim a condition precedent to suing, this section polices the term.

The stipulation is not valid unless it is reasonable, and a requirement of notification in less than 90 days is treated as unreasonable. That fixes a floor much as the previous section does for limitations clauses.

Several provisions make the requirement workable. Notice may be given to any convenient agent of the company requiring it. A stipulation between a railroad, street railway, or interurban operator and an employee is void where it conditions liability on the employee — or a deceased employee's spouse, parent, or child — giving notice of a negligence claim. And a federal prime contractor's subcontract may set a notice period no shorter than the prime contract's minus seven days.

Subsection (e) shifts the burden and is easy to overlook. In a suit under this section or the contractual-limitations section, it is presumed that any required notice has been given unless lack of notice is specifically pleaded under oath. A defendant who wants to raise the point must verify the pleading.

The same $500,000 business-sale carve-out applies here as to contractual limitations periods.

Frequently Asked Questions

Can a contract require me to give notice before suing?

Yes, if the requirement is reasonable. A period shorter than 90 days is unreasonable and the stipulation is not valid.

Who do I give notice to?

Any convenient agent of the company that requires the notice.

Does the defendant have to raise lack of notice?

Yes, and specifically under oath. Notice is presumed to have been given unless lack of it is specifically pleaded under oath.

Are there contracts this does not reach?

Yes — agreements for the sale or purchase of a business entity with consideration of at least $500,000.

Amendment History

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 840, Sec. 3, eff. Aug. 26, 1991.

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