Tex.
Civ. Practice & Remedies Code Section 41.005
Harm Resulting from Criminal Act
(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 (Offenses Against Property), 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 (Common and Public Nuisances), 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 (Definitions), Chapter 92 (Residential Tenancies), Property Code, and the criminal act occurred after the statutory deadline for compliance with that duty.(c)
In an action arising out of a criminal act committed by an employee, the employer may be liable for punitive damages but only if:(1)
the principal authorized the doing and the manner of the act;(2)
the agent was unfit and the principal acted with malice in employing or retaining him;(3)
the agent was employed in a managerial capacity and was acting in the scope of employment; or(4)
the employer or a manager of the employer ratified or approved the act.
Source:
Section 41.005 — Harm Resulting from Criminal Act, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm#41.005 (accessed Apr. 13, 2024).
