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Texas Civil Practice and Remedies Code

§ 41.010 — CONSIDERATIONS IN MAKING AWARD

CP § 41.010Title 2. TRIAL, JUDGMENT, AND APPEAL · Part C. JUDGMENTS · Ch. 41. DAMAGES

Statute text

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(a)Before making an award of exemplary damages, the trier of fact shall consider the definition and purposes of exemplary damages as provided by Section 41.001.
(b)Subject to Section 41.008, the determination of whether to award exemplary damages and the amount of exemplary damages to be awarded is within the discretion of the trier of fact.

Legislative history

Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 13.07, eff. Sept. 1, 2003.

Source: Texas Civil Practice and Remedies Code § 41.010 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.