Tex. Civ. Prac. & Rem. Code § 41.002

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

Section 41.002 - Applicability

(a) This chapter applies to any action in which a claimant seeks damages relating to a cause of action.

(b) This chapter establishes the maximum damages that may be awarded in an action subject to this chapter, including an action for which damages are awarded under another law of this state. This chapter does not apply to the extent another law establishes a lower maximum amount of damages for a particular claim.

(c) Except as provided by Subsections (b) and (d), in an action to which this chapter applies, the provisions of this chapter prevail over all other law to the extent of any conflict.

(d) Notwithstanding any provision to the contrary, this chapter does not apply to:

(1) Section 15.21, Business & Commerce Code (Texas Free Enterprise and Antitrust Act of 1983);

(2) an action brought under the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) except as specifically provided in Section 17.50 of that Act;

(3) an action brought under Chapter 36, Human Resources Code; or

(4) an action brought under Chapter 21, Insurance Code.

Tex. Civ. Prac. and Rem. Code § 41.002

Amended by Acts 2005, 79th Leg., Ch. 806, Sec. 18, eff. 9/1/2005.

Amended by Acts 2003, 78th Leg., ch. 204, Sec. 13.03, eff. 9/1/2003.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 4.01, eff. 9/1/1997

Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. 9/1/1995

Amended by Acts 1995, 74th Leg., ch. 260, Sec. 9, eff. 5/30/1995

Amended by Acts 1989, 71st Leg., ch. 380, Sec. 5, eff. 9/1/1989

Amended by Acts 1989, 71st Leg., ch. 1129, Sec. 16, eff. 9/1/1989

Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. 9/2/1987.