Tex. Civ. Practice & Remedies Code Section 147.122
Damages Not Recoverable

(a)

Subject to Section 147.121 (Damage Limitations Apply Only if Defendant Shows Good Faith Effort to Cure or Correct), a claimant may not recover the following damages in an action:

(1)

damages for mental anguish, loss of consortium, or loss of companionship;

(2)

exemplary or punitive damages unless the claimant proves by clear and convincing evidence that the conduct of the defendant was committed with fraud or malice;

(3)

additional damages under Section 17.50 (Relief for Consumers)(b)(1), Business & Commerce Code, unless the trier of fact finds the conduct of the defendant was committed with fraud or malice; or

(4)

consequential damages, unless they were reasonably foreseeable.

(b)

In this section:

(1)

“Fraud” means fraud other than constructive fraud.

(2)

“Malice” means a specific intent by the defendant to cause substantial injury to the claimant.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.

Source: Section 147.122 — Damages Not Recoverable, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­147.­htm#147.­122 (accessed Apr. 20, 2024).

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Accessed:
Apr. 20, 2024

§ 147.122’s source at texas​.gov