(a) A shareholder may not institute a derivative proceeding until the 91st day after the date a written demand is filed with the corporation stating with particularity the act, omission, or other matter that is the subject of the claim or challenge and requesting that the corporation take suitable action.(b) The waiting period required by Subsection (a) before a derivative proceeding may be instituted is not required or, if applicable, shall terminate if: (1) the shareholder has been notified that the demand has been rejected by the corporation;(2) the corporation is suffering irreparable injury; or(3) irreparable injury to the corporation would result by waiting for the expiration of the 90-day period.Tex. Bus. Org. Code § 21.553
Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 899,Sec. 3, eff. 9/1/2019. Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. 1/1/2006.