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Texas Dept. of Mental Health and Mental Retardation v. Newbasis Central L.P.

Texas Government Code '2253.027 does not require a claimant to provide a governmental entity the same presuit notice due a surety.

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FROM THE 342ND DISTRICT COURT OF TARRANT COUNTY

OPINION

The Texas Department of Mental Health and Mental Retardation (TDMHMR) appeals the trial court’s disposition of competing motions for summary judgment. In a single issue, TDMHMR claims that a governmental entity standing in the shoes of a surety is entitled to the same presuit notice the government code mandates for sureties. See Tex. Gov’t Code Ann. �� 2253.027, 2253.041 (Vernon 2000). Because we hold that section 2253.027 of the government code does not require presuit notice, we affirm.

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