Sec. 1201.602.  ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER:  ABATEMENT OR BAR.  (a)  Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if:
(1)  a plea in abatement is filed with the court not later than the 45th day after the movant's answer date;  and
(2)  the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355.
(b)  The abatement continues until the earlier of:
(1)  the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director;  or
(2)  the expiration of a period not to exceed 150 days.
(c)  A consumer's refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to:
(1)  comply with a written or implied warranty;  or
(2)  perform warranty service.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.