Tex. Civ. Prac. & Rem. Code § 18.061

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 18.061 - Communications of Sympathy

(a) A court in a civil action may not admit a communication that:

(1) expresses sympathy or a general sense of benevolence relating to the pain, suffering, or death of an individual involved in an accident;

(2) is made to the individual or a person related to the individual within the second degree by consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code; and

(3) is offered to prove liability of the communicator in relation to the individual.

(b) In this section, "communication" means:

(1) a statement;

(2) a writing; or

(3) a gesture that conveys a sense of compassion or commiseration emanating from humane impulses.

(c) Notwithstanding the provisions of Subsections (a) and (b), a communication, including an excited utterance as defined by Rule 803(2) of the Texas Rules of Evidence, which also includes a statement or statements concerning negligence or culpable conduct pertaining to an accident or event, is admissible to prove liability of the communicator.

Tex. Civ. Prac. and Rem. Code § 18.061

Added by Acts 1999, 76th Leg., ch. 673, Sec. 1, eff. 9/1/1999.