Transportation Code § 315.094

Sec. 315.094. AFFIDAVIT. (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. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.