Tex.
Civ. Practice & Remedies Code Section 41.008
Limitation on Amount of Recovery
(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 (Intoxication Assault) and 49.08 (Intoxication Manslaughter), the conduct was committed knowingly or intentionally:(1)
Section 19.02 (Murder) (murder);(2)
Section 19.03 (Capital Murder) (capital murder);(3)
Section 20.04 (Aggravated Kidnapping) (aggravated kidnapping);(4)
Section 22.02 (Aggravated Assault) (aggravated assault);(5)
Section 22.011 (Sexual Assault) (sexual assault);(6)
Section 22.021 (Aggravated Sexual Assault) (aggravated sexual assault);(7)
Section 22.04 (Injury to a Child, Elderly Individual, or Disabled Individual) (injury to a child, elderly individual, or disabled individual, but not if the conduct occurred while providing health care as defined by Section 74.001 of this code);(8)
Section 32.21 (Forgery) (forgery);(9)
Section 32.43 (Commercial Bribery) (commercial bribery);(10)
Section 32.45 (Misapplication of Fiduciary Property or Property of Financial Institution) (misapplication of fiduciary property or property of financial institution);(11)
Section 32.46 (Fraudulent Securing of Document Execution) (fraudulent securing of document execution);(12)
Section 32.47 (Fraudulent Destruction, Removal, or Concealment of Writing) (fraudulent destruction, removal, or concealment of writing);(13)
Chapter 31 (Theft) (theft) the punishment level for which is a felony of the third degree or higher;(14)
Section 49.07 (Intoxication Assault) (intoxication assault);(15)
Section 49.08 (Intoxication Manslaughter) (intoxication manslaughter);(16)
Section 21.02 (Continuous Sexual Abuse of Young Child or Disabled Individual) (continuous sexual abuse of young child or disabled individual); or(17)
Chapter 20A (trafficking of persons).(d)
In this section, “intentionally” and “knowingly” have the same meanings assigned those terms in Sections 6.03 (Definitions of Culpable Mental States)(a) and (b), Penal Code.(e)
The provisions of this section may not be made known to a jury by any means, including voir dire, introduction into evidence, argument, or instruction.(f)
This section does not apply to a cause of action for damages arising from the manufacture of methamphetamine as described by Chapter 99.
Source:
Section 41.008 — Limitation on Amount of Recovery, https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm#41.008 (accessed Apr. 13, 2024).
