Texas Civil Practice and Remedies Code

§ 41.005 — HARM RESULTING FROM CRIMINAL ACT

CP § 41.005Title 2. TRIAL, JUDGMENT, AND APPEAL · Part C. JUDGMENTS · Ch. 41. DAMAGES

Statute text

(a)In an action arising from harm resulting from an assault, theft, or other criminal act, a court may not award exemplary damages against a defendant because of the criminal act of another.

(b)The exemption provided by Subsection (a) does not apply if:

(1)the criminal act was committed by an employee of the defendant;

(2)the defendant is criminally responsible as a party to the criminal act under the provisions of Chapter 7, Penal Code;

(3)the criminal act occurred at a location where, at the time of the criminal act, the defendant was maintaining a common nuisance under the provisions of Chapter 125, Civil Practice and Remedies Code, and had not made reasonable attempts to abate the nuisance; or

(4)the criminal act resulted from the defendant's intentional or knowing violation of a statutory duty under Subchapter D, Chapter 92, Property Code, and the criminal act occurred after the statutory deadline for compliance with that duty.

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Legislative history

Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.