Tex. Codes » Insurance Code · TITLE 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES · SUBTITLE H. HEALTH BENEFITS AND OTHER COVERAGES FOR GOVERNMENTAL EMPLOYEES · CHAPTER 1551. TEXAS EMPLOYEES GROUP BENEFITS ACT
Texas Codes

Tex. Ins. Code § 1551.361 (2026)

Diligent Prosecution Of Suit

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 1551.361. DILIGENT PROSECUTION OF SUIT. The plaintiff shall prosecute with reasonable diligence any suit brought under Section 1551.359. If the plaintiff does not secure proper service of process or does not prosecute the suit within one year after it is filed, the court shall presume that the suit has been abandoned. The court shall dismiss the suit on a motion for dismissal made on or behalf of the Employees Retirement System of Texas, unless the plaintiff, after receiving appropriate notice, shows good cause for the delay.

Added by Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 31, eff. September 1, 2005.

Notes of Decisions
Cited in 2 cases, 2008–2008 · leading case: Stephen Maughan, as Guardian for Robert D. Maughan & Chris L. Maughan v. Employees Ret. Sys. of Texas, No. 03-07-00604-CV (Tex. App.—Austin Aug. 1, 2008).
Sort: Relevance Newest Treatment
Stephen Maughan, as Guardian for Robert D. Maughan & Chris L. Maughan v. Employees Ret. Sys. of Texas, No. 03-07-00604-CV (Tex. App.—Austin Aug. 1, 2008). · cites it 2× “Maughan asserts that his suit should not have been dismissed on either basis because he prosecuted his suit with diligence or showed cause for his failure to do so, and that, to the extent that section 1551.”
Daniel J. Peterson, D/B/A Chiarello Investments, D/B/A Home Equity lending.com v. Cnty. Line, Inc. James Houchins & Greg A. Weithoner, No. 03-07-00508-CV (Tex. App.—Austin Aug. 1, 2008). “See Tex. Ins. Code Ann. § 1551.361 (West 2007); Tex.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.