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A BILL TO BE ENTITLED
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AN ACT
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relating to liability limits for noneconomic damages for personal |
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injury and wrongful death claims. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 41, Civil Practice and Remedies Code, is |
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amended by adding Section 41.0025 to read as follows: |
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Sec. 41.0025. LIABILITY LIMIT FOR NONECONOMIC DAMAGES IN |
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PERSONAL INJURY CLAIMS. (a) In an action on a personal injury |
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claim, civil liability to a claimant for noneconomic damages, |
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unless subject to a limitation imposed by other law, may not exceed: |
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(1) for noneconomic damages awarded as damages for |
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past and future physical pain and suffering, three times the amount |
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awarded to the claimant as damages for past and future health care |
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expenses; and |
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(2) for noneconomic damages awarded as damages for |
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past and future mental or emotional pain or anguish: |
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(A) $1 million if the claim arises from an event |
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primarily causing emotional injury to the claimant; or |
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(B) $250,000 if the claim arises from an event |
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primarily causing bodily injury to the claimant. |
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(b) For purposes of the limitations provided by Subsection |
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(a), all persons that may be responsible under a vicarious |
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liability theory for satisfying a judgment are treated as a single |
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defendant. |
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(c) Beginning on January 1, 2027, and continuing on January |
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1 of each subsequent year, the fixed-amount limitations provided by |
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Subsection (a) increase by 1.75 percent from the prior year's |
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amount. |
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SECTION 2. Section 71.010(a), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(a) Except as provided by Section 71.0105, the [The] jury |
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may award damages in an amount proportionate to the injury |
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resulting from the death. |
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SECTION 3. Subchapter A, Chapter 71, Civil Practice and |
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Remedies Code, is amended by adding Section 71.0105 to read as |
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follows: |
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Sec. 71.0105. LIABILITY LIMIT FOR CERTAIN NONECONOMIC |
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DAMAGES. (a) In an action brought under this subchapter, civil |
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liability for noneconomic damages, unless subject to a limitation |
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imposed by other law, may not exceed $1 million for each claimant as |
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damages for past and future mental or emotional pain or anguish. |
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(b) For purposes of the limitation provided by Subsection |
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(a), all persons that may be responsible under a vicarious |
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liability theory for satisfying a judgment are treated as a single |
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defendant. |
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(c) Beginning on January 1, 2027, and continuing on January |
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1 of each subsequent year, the fixed-amount limitation provided by |
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Subsection (a) increases by 1.75 percent from the prior year's |
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amount. |
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SECTION 4. The changes in law made by this Act are an |
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exercise of authority under Section 66(c), Article III, Texas |
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Constitution, and take effect only if this Act receives a vote of |
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three-fifths of all the members elected to each house, as provided |
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by Subsection (e) of that section. |
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SECTION 5. The changes in law made by this Act apply only to |
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a cause of action that accrues on or after the effective date of |
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this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |