Texas Civil Practice and Remedies Code
Sec. § 147.122
Damages Not Recoverable


(a)

Subject to Section 147.121, 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(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.
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Last accessed
Aug. 19, 2019