Tex. Codes » Local Government Code · TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT · SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS · CHAPTER 89. GENERAL PROVISIONS RELATING TO COUNTY ADMINISTRATION
Texas Codes

Tex. Loc. Gov't Code § 89.0041 (2026)

Notice Of Suit Against County

✓ current as of May 2026
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Sec. 89.0041. NOTICE OF SUIT AGAINST COUNTY. (a) A person filing suit against a county or against a county official in the official's capacity as a county official shall deliver written notice to:

(1) the county judge; and

(2) the county or district attorney having jurisdiction to defend the county in a civil suit.

(b) The written notice must be delivered by certified or registered mail by the 30th business day after suit is filed and contain:

(1) the style and cause number of the suit;

(2) the court in which the suit was filed;

(3) the date on which the suit was filed; and

(4) the name of the person filing suit.

(c) If a person does not give notice as required by this section, the court in which the suit is pending shall dismiss the suit on a motion for dismissal made by the county or the county official.

Added by Acts 2003, 78th Leg., ch. 1203, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1094 (H.B. 2120), Sec. 21, eff. September 1, 2005.

Notes of Decisions
Cited in 15 cases, 2007–2017 · leading case: Ballesteros v. Nueces Cnty., 286 S.W.3d 566 (Tex. App. 2009).
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Ballesteros v. Nueces Cnty., 286 S.W.3d 566 (Tex. App. 2009). · cites it 16× “See TEX. LOC. GOV'T CODE ANN. § 89.0041 (Vernon 2008).”
Roccaforte v. Jefferson Cnty., 341 S.W.3d 919 (Tex. 2011). · cites it 6× “TEX. LOC. GOV'T CODE § 89.0041. The plaintiff provided that notice here, but did so by personal service of process, rather than registered or certified mail as the statute contemplates.”
Howlett v. Tarrant Cnty., 301 S.W.3d 840 (Tex. App. 2009). · cites it 6× “Tex. Loc. Gov't Code Ann. § 89.0041 (Vernon 2008).”
BankDirect Capital Fin., LLC v. Plasma Fab, LLC, 519 S.W.3d 76 (Tex. 2017). “3d at 926-27 (holding hand-delivered notice substantially complied with statute requiring written notice to be “delivered by certified or registered mail”) (citing Tex. Loc. Gov't Code § 89.0041(b)) with Tex.”
Tjfa, L.P. v. Texas Comm'n on Env't Quality & BFI Waste Sys. of North Am., Inc., 368 S.W.3d 727 (Tex. App. 2012). · cites it 2× “, Tex. Loc. Gov't Code Ann. § 89.0041 (West 2008).”
Comptroller v. LANDSFELD, 352 S.W.3d 171 (Tex. App. 2011). · cites it 2× “0041 was nonjurisdictional, even against a government entity, the court reemphasized that jurisdictional analysis focused on legislative intent and noted that local government code section 89.”
Joe Guadalupe Ballesteros v. Nueces Cnty., Texas (Tex. App. 2009). · cites it 8× “See Tex. Loc. Gov't Code Ann. § 89.0041 (Vernon 2008).”
Larry Roccaforte v. Jefferson Cnty., Texas (Tex. App. 2009). · cites it 7× “See Tex. Loc. Gov't Code Ann. § 89.0041 (Vernon 2008).”
Joe Guadalupe Ballesteros v. Nueces Cnty., Texas (Tex. App. 2009). · cites it 5× “As such, I would grant the motion for rehearing, but I would affirm the trial court's order dismissing the case for failure to comply with the statute. Appellant argues that the trial court erred in granting the County's motion because he either complied with the notice…”
Joe Guadalupe Ballesteros v. Nueces Cnty., Texas (Tex. App. 2007). · cites it 4× “See Tex. Loc. Gov't Code Ann. § 89.0041 (Vernon Supp.”
Bill Turnbow v. Collingsworth Cnty., Texas (Tex. App. 2009). “Tex. Loc. Gov't Code Ann. §89.0041 (a) & (b) (Vernon 2008).”
Constable Jack F. Abercia & Old Repub. Sur. Co./Kingvision Pay-Per-View, Ltd. v. Kingvision Pay-Per-View, Ltd./Constable Jack F. Abercia & Old Repub. Sur. Co. (Tex. App. 2007). “NOTICE In Issue One, Appellants argue the trial court lacked jurisdiction over the action because Kingvision failed to give notice of its suit against a county official in his official capacity as mandated by Tex.Loc.Gov't Code Ann. § 89.0041 (Vernon Supp.”
Show all 15 citing cases →
— Tex. Loc. Gov't Code § 89.0041(a) — 2 cases
Roccaforte v. Jefferson Cnty., 341 S.W.3d 919 (Tex. 2011). “TEX. LOC. GOV'T CODE § 89.0041. The plaintiff provided that notice here, but did so by personal service of process, rather than registered or certified mail as the statute contemplates.”
Ballesteros v. Nueces Cnty., 286 S.W.3d 566 (Tex. App. 2009). “See TEX. LOC. GOV'T CODE ANN. § 89.0041 (Vernon 2008).”
— Tex. Loc. Gov't Code § 89.0041(b) — 2 cases
BankDirect Capital Fin., LLC v. Plasma Fab, LLC, 519 S.W.3d 76 (Tex. 2017). “3d at 926-27 (holding hand-delivered notice substantially complied with statute requiring written notice to be “delivered by certified or registered mail”) (citing Tex. Loc. Gov't Code § 89.0041(b)) with Tex.”
Ballesteros v. Nueces Cnty., 286 S.W.3d 566 (Tex. App. 2009). “See TEX. LOC. GOV'T CODE ANN. § 89.0041 (Vernon 2008).”
— Tex. Loc. Gov't Code § 89.0041(c) — 3 cases
Ballesteros v. Nueces Cnty., 286 S.W.3d 566 (Tex. App. 2009). “See TEX. LOC. GOV'T CODE ANN. § 89.0041 (Vernon 2008).”
Roccaforte v. Jefferson Cnty., 341 S.W.3d 919 (Tex. 2011). “TEX. LOC. GOV'T CODE § 89.0041. The plaintiff provided that notice here, but did so by personal service of process, rather than registered or certified mail as the statute contemplates.”
Comptroller v. LANDSFELD, 352 S.W.3d 171 (Tex. App. 2011). “0041 was nonjurisdictional, even against a government entity, the court reemphasized that jurisdictional analysis focused on legislative intent and noted that local government code section 89.”
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