Tex. Codes » Insurance Code · TITLE 5. PROTECTION OF CONSUMER INTERESTS · SUBTITLE C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES · CHAPTER 541. UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES
Texas Codes

Tex. Ins. Code § 541.256 (2026)

Prerequisites To Class Action

✓ current as of May 2026
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Sec. 541.256. PREREQUISITES TO CLASS ACTION. The court shall permit one or more members of a class to sue or be sued as representative parties on behalf of the class only if:

(1) the class is so numerous that joinder of all members is impracticable;

(2) there are questions of law or fact common to the class;

(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and

(4) the representative parties will fairly and adequately protect the interests of the class.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Farmers Grp., Inc. v. Lubin, 222 S.W.3d 417 (Tex. 2007).
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Farmers Grp., Inc. v. Lubin, 222 S.W.3d 417 (Tex. 2007). · cites it 6× “251(b) (formerly art. 21.21, § 17(e)). [26] Compare Act of May 21, 1973, 63rd Leg.”
Tex. Ins. Code § 541.256(3): 1 case
Farmers Grp., Inc. v. Lubin, 222 S.W.3d 417 (Tex. 2007). “251(b) (formerly art. 21.21, § 17(e)). [26] Compare Act of May 21, 1973, 63rd Leg.”
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