Texas Civil Practice and Remedies Code

§ 33.013 — AMOUNT OF LIABILITY

CP § 33.013Title 2. TRIAL, JUDGMENT, AND APPEAL · Part C. JUDGMENTS · Ch. 33. PROPORTIONATE RESPONSIBILITY · Art. B. CONTRIBUTION

Statute text

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(a)Except as provided in Subsection (b), a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant's percentage of responsibility with respect to the personal injury, property damage, death, or other harm for which the damages are allowed.

(b)Notwithstanding Subsection (a), each liable defendant is, in addition to the defendant's liability under Subsection (a), jointly and severally liable for the damages recoverable by the claimant under Section 33.012 with respect to a cause of action if:

(1)the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than 50 percent; or

(2)the defendant, with the specific intent to do harm to others, acted in concert with another person to engage in the conduct described in the following provisions of the Penal Code and in so doing proximately caused the damages legally recoverable by the claimant:

(A)Section 19.02 (murder);

(B)Section 19.03 (capital murder);

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.02, eff. September 1, 2007. Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.02, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 837 (S.B. 109), Sec. 4, eff. September 1, 2021.