Texas Civil Practice and Remedies Code

§ 41.008 — LIMITATION ON AMOUNT OF RECOVERY

CP § 41.008Title 2. TRIAL, JUDGMENT, AND APPEAL · Part C. JUDGMENTS · Ch. 41. DAMAGES

Statute text

(a)In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from the amount of other compensatory damages.

(b)Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of: (1)(A) two times the amount of economic damages; plus

(B)an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or

(2)$200,000.

(c)This section does not apply to a cause of action against a defendant from whom a plaintiff seeks recovery of exemplary damages based on conduct described as a felony in the following sections of the Penal Code if, except for Sections 49.07 and 49.08, the conduct was committed knowingly or intentionally:

(1)Section 19.02 (murder);

…

Legislative history

Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.03, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 309 (H.B. 533), Sec. 2, eff. June 19, 2009. Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.03, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 837 (S.B. 109), Sec. 5, eff. September 1, 2021.