Crosstex Energy Servs., L.P. v. Pro Plus, Inc
In Crosstex Energy Servs., L.P. v. Pro Plus, Inc., 430 S.W.3d 384 (Tex. 2014), the petitioner advocated for a broad good-cause exception, but the Supreme Court called that "untenable," explaining that such a broad provision "would swallow the narrow near-limitations exception," by permitting a plaintiff to assert "good cause claims independently of when it filed the suit and without necessity of alleging the basis for delay." Id.
Thus, the Court held that the "good cause" exception contained in the last sentence of subsection (c) "does not stand alone, but rather is contingent upon a plaintiff:
(1) filing within ten days of the expiration of the limitations period;
(2) alleging that such time constraints prevented the preparation of an affidavit." Id.
"A plaintiff who files suit outside the ten-day window . . . cannot claim protection of the good cause exception." Id.