Texas-Specific · Insurance Term
Chapter 542A Pre-Suit Notice (HB 1774)
Definition
Chapter 542A of the Texas Insurance Code sets special rules for lawsuits over weather-related property claims, such as hail, wind and storm damage. Before suing an insurer or agent, the policyholder generally must give written notice at least 61 days in advance stating the specific amount alleged owed.
In Plain English
Texas passed these rules in 2017 through HB 1774. They apply to first-party property claims arising from forces of nature, such as hail, wind and other storms, and to suits against an insurer or an agent.
The pre-suit notice must describe the claim and the specific amount alleged to be owed, among other details. Failing to give proper notice can affect the case, including attorney's fees. The chapter interacts with the Texas Prompt Payment of Claims Act and bad faith claims.
Chapter 542A does not apply to TWIA claims, which follow their own process under Insurance Code Chapter 2210. Your policy may also have a suit limitation clause with its own deadline, so timing matters.
Not sure how your policy handles this? Have us review it, or get a quote.
Example
Hypothetical: an owner disputes a hail claim on a shopping center. Before filing suit, the owner's attorney sends written notice stating the amount alleged owed and waits at least 61 days, as Chapter 542A requires.
Why It Matters for Texas Property Owners
This is a Texas-specific law. It shapes how weather-related property disputes proceed in Texas courts.
What to Watch For
- Keep detailed records and estimates of your weather-related claim.
- Talk to a Texas insurance attorney before considering a lawsuit.
- Watch your policy's suit limitation deadline as well as the 61-day notice period.
- If your wind claim is with TWIA, ask about TWIA's separate process.
Sources
Last updated October 14, 2026 · Primesure editorial team · How We Write