(a) In a suit brought under Section 315.092, an affidavit must be attached to the plaintiff‘s petition stating:
(1) that the matters alleged in the petition are true, except for matters alleged on information and belief; and
(2) that the suit is brought in good faith and not to injure or delay the municipality, the contractor, or an owner of abutting property.
(b) If the plaintiff does not attach the affidavit required by this section, the court shall dismiss the suit on a defendant‘s motion and the plaintiff is barred to the same extent as if suit had not been brought.

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Terms Used In Texas Transportation Code 315.094

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Property: means real and personal property. See Texas Government Code 311.005