Section 41.009 - Bifurcated Trial(a) On motion by a defendant, the court shall provide for a bifurcated trial under this section. A motion under this subsection shall be made prior to voir dire examination of the jury or at a time specified by a pretrial court order issued under Rule 166, Texas Rules of Civil Procedure.(b) In an action with more than one defendant, the court shall provide for a bifurcated trial on motion of any defendant.(c) In the first phase of a bifurcated trial, the trier of fact shall determine: (1) liability for compensatory and exemplary damages; and(2) the amount of compensatory damages.(d) If liability for exemplary damages is established during the first phase of a bifurcated trial, the trier of fact shall, in the second phase of the trial, determine the amount of exemplary damages to be awarded, if any.Tex. Civ. Prac. and Rem. Code § 41.009
Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. 9/1/1995.