reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 41.013 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.013. Judicial Review of Award

Sec. 41.013.  JUDICIAL REVIEW OF AWARD.  (a)  Except as provided for in Subsection (b), an appellate court that reviews the evidence with respect to a finding by a trier of fact concerning liability for exemplary damages or with respect to the amount of exemplary damages awarded shall state, in a written opinion, the court's reasons for upholding or disturbing the finding or award.  The written opinion shall address the evidence or lack of evidence with specificity, as it relates to the liability for or amount of exemplary damages, in light of the requirements of this chapter.(b)  This section does not apply to the supreme court with respect to its consideration of an application for writ of error.|Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.|
TX Civ Prac & Rem Code § 41.014 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.014. Interest on Damages Subject to Medicare Subrogation

Sec. 41.014.  INTEREST ON DAMAGES SUBJECT TO MEDICARE SUBROGATION.  (a)  Subject to this section, postjudgment interest does not accrue on the unpaid balance of an award of damages to a plaintiff attributable to any portion of the award to which the United States has a subrogation right under 42 U.S.C. Section 1395y(b)(2)(B) before the defendant receives a recovery demand letter issued by the Centers for Medicare and Medicaid Services or a designated contractor under 42 C.F.R. Section 411.22.(b)  Postjudgment interest under this section does not accrue if the defendant pays the unpaid balance before the 31st day after the date the defendant receives the recovery demand letter.(c)  If the defendant appeals the award of damages, this section does not apply.(d)  This section does not prevent the accrual of postjudgment interest on any portion of an award to which the United States does not have a subrogation right under 42 U.S.C. Section 1395y(b)(2)(B).|Added by Acts 2013, 83rd Leg., R.S., Ch. 870 (H.B. 658), Sec. 1, eff. September 1, 2013.|
TX Civ Prac & Rem Code § 42.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 42 - Settlement|Section 42.001. Definitions

Sec. 42.001.  DEFINITIONS.  In this chapter:(1)  "Claim" means a request, including a counterclaim, cross-claim, or third-party claim, to recover monetary damages.(2)  "Claimant" means a person making a claim.(3)  "Defendant" means a person from whom a claimant seeks recovery on a claim, including a counterdefendant, cross-defendant, or third-party defendant.(4)  "Governmental unit" means the state, a unit of state government, or a political subdivision of this state.(5)  "Litigation costs" means money actually spent and obligations actually incurred that are directly related to the action in which a settlement offer is made. The term includes:(A)  court costs;(B)  reasonable deposition costs;(C)  reasonable fees for not more than two testifying expert witnesses; and(D)  reasonable attorney's fees.(6)  "Settlement offer" means an offer to settle or compromise a claim made in compliance with Section 42.003.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 4.01, eff. September 1, 2011.|
TX Civ Prac & Rem Code § 42.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 42 - Settlement|Section 42.002. Applicability and Effect

Sec. 42.002.  APPLICABILITY AND EFFECT.  (a)  The settlement procedures provided in this chapter apply only to claims for monetary relief.(b)  This chapter does not apply to:(1)  a class action;(2)  a shareholder's derivative action;(3)  an action by or against a governmental unit;(4)  an action brought under the Family Code;(5)  an action to collect workers' compensation benefits under Subtitle A, Title 5, Labor Code; or(6)  an action filed in a justice of the peace court or a small claims court.(c)  This chapter does not apply until a defendant files a declaration that the settlement procedure allowed by this chapter is available in the action.  If there is more than one defendant, the settlement procedure allowed by this chapter is available only in relation to the defendant that filed the declaration and to the parties that make or receive offers of settlement in relation to that defendant.(d)  This chapter does not limit or affect the ability of any person to:(1)  make an offer to settle or compromise a claim that does not comply with Section 42.003; or(2)  offer to settle or compromise a claim in an action to which this chapter does not apply.(e)  An offer to settle or compromise that does not comply with Section 42.003 or an offer to settle or compromise made in an action to which this chapter does not apply does not entitle any party to recover litigation costs under this chapter.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 4.02, eff. September 1, 2011.|
TX Civ Prac & Rem Code § 42.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 42 - Settlement|Section 42.003. Making Settlement Offer

Sec. 42.003.  MAKING SETTLEMENT OFFER.  (a)  A settlement offer must:(1)  be in writing;(2)  state that it is made under this chapter;(3)  state the terms by which the claims may be settled;(4)  state a deadline by which the settlement offer must be accepted; and(5)  be served on all parties to whom the settlement offer is made.(b)  The parties are not required to file a settlement offer with the court.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 4.03, eff. September 1, 2011.|
TX Civ Prac & Rem Code § 42.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 42 - Settlement|Section 42.004. Awarding Litigation Costs

Sec. 42.004.  AWARDING LITIGATION COSTS.  (a)  If a settlement offer is made and rejected and the judgment to be rendered will be significantly less favorable to the rejecting party than was the settlement offer, the offering party shall recover litigation costs from the rejecting party.(b)  A judgment will be significantly less favorable to the rejecting party than is the settlement offer if:(1)  the rejecting party is a claimant and the award will be less than 80 percent of the rejected offer;  or(2)  the rejecting party is a defendant and the award will be more than 120 percent of the rejected offer.(c)  The litigation costs that may be recovered by the offering party under this section are limited to those litigation costs incurred by the offering party after the date the rejecting party rejected the settlement offer.(d)  The litigation costs that may be awarded under this chapter to any party may not be greater than the total amount that the claimant recovers or would recover before adding an award of litigation costs under this chapter in favor of the claimant or subtracting as an offset an award of litigation costs under this chapter in favor of the defendant.(e)  If a claimant or defendant is entitled to recover fees and costs under another law, that claimant or defendant may not recover litigation costs in addition to the fees and costs recoverable under the other law.(f)  If a claimant or defendant is entitled to recover fees and costs under another law, the court must not include fees and costs incurred by that claimant or defendant after the date of rejection of the settlement offer when calculating the amount of the judgment to be rendered under Subsection (a).(g)  If litigation costs are to be awarded against a claimant, those litigation costs shall be awarded to the defendant in the judgment as an offset against the claimant's recovery from that defendant.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 4.04, eff. September 1, 2011.|
TX Civ Prac & Rem Code § 42.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 42 - Settlement|Section 42.005. Supreme Court to Make Rules

Sec. 42.005.  SUPREME COURT TO MAKE RULES.  (a)  The supreme court shall promulgate rules implementing this chapter.  The rules must be limited to settlement offers made under this chapter.  The rules must be in effect on January 1, 2004.(b)  The rules promulgated by the supreme court must provide:(1)  the date by which a defendant or defendants must file the declaration required by Section 42.002(c);(2)  the date before which a party may not make a settlement offer;(3)  the date after which a party may not make a settlement offer;  and(4)  procedures for:(A)  making an initial settlement offer;(B)  making successive settlement offers;(C)  withdrawing a settlement offer;(D)  accepting a settlement offer;(E)  rejecting a settlement offer;  and(F)  modifying the deadline for making, withdrawing, accepting, or rejecting a settlement offer.(c)  The rules promulgated by the supreme court must address actions in which there are multiple parties and must provide that if the offering party joins another party or designates a responsible third party after making the settlement offer, the party to whom the settlement offer was made may declare the offer void.(d)  The rules promulgated by the supreme court may:(1)  designate other actions to which the settlement procedure of this chapter does not apply;  and(2)  address other matters considered necessary by the supreme court to the implementation of this chapter.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 43.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 43 - Principal and Surety|Section 43.001. Definition

Sec. 43.001.  DEFINITION.  In this chapter, "surety" includes:(1)  an endorser, a guarantor, and a drawer of a draft that has been accepted; and(2)  every other form of suretyship, whether created by express contract or by operation of law.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.|
TX Civ Prac & Rem Code § 43.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 43 - Principal and Surety|Section 43.002. Suit on Accrued Right of Action

Sec. 43.002.  SUIT ON ACCRUED RIGHT OF ACTION.  (a)  When a right of action accrues on a contract for the payment of money or performance of an act, a surety on the contract may, by written notice, require the obligee to without delay bring a suit on the contract.(b)  A surety who provides notice to an obligee under Subsection (a) is discharged from all liability on the contract if the obligee:(1)  is not under a legal disability; and(2)  does not:(A)  bring a suit on the contract during:(i)  the first term of court after receipt of the notice; or(ii)  the second term of court if good cause is shown for the delay; or(B)  prosecute the suit to judgment and execution.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.|
TX Civ Prac & Rem Code § 43.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 43 - Principal and Surety|Section 43.003. Priority of Execution

Sec. 43.003.  PRIORITY OF EXECUTION.  (a)  If a judgment granted against two or more defendants finds a suretyship relationship between or among the defendants, the court shall order the sheriff to levy the execution in the following order:(1)  against the principal's property located in the county where the judgment was granted;(2)  if the sheriff cannot find enough of the principal's property in that county to satisfy the execution, against as much of the principal's property as the sheriff finds; and(3)  against as much of the surety's property as is necessary to make up the balance of the amount shown in the writ of execution.(b)  The clerk shall note the order to the sheriff on the writ of execution.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.|
TX Civ Prac & Rem Code § 43.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 43 - Principal and Surety|Section 43.004. Subrogation Rights of Surety

Sec. 43.004.  SUBROGATION RIGHTS OF SURETY.  (a)  A judgment is not discharged by a surety's payment of the judgment in whole or part if the payment:(1)  is compelled; or(2)  if made voluntarily, is applied to the judgment because of the suretyship relationship.(b)  A surety who pays on a judgment as described by Subsection (a) is subrogated to all of the judgment creditor's rights under the judgment.  A subrogated surety is entitled to execution on the judgment against:(1)  the principal's property for the amount of the surety's payment, plus interest and costs; and(2)  if there is more than one surety, both the principal's property and the property of the cosurety or cosureties for the amount by which the surety's payment exceeds the surety's proportionate share of the judgment, plus interest and costs.(c)  A subrogated surety seeking execution on the judgment under Subsection (b) shall apply for execution to the clerk or court.  The execution shall be levied, collected, and returned as in other cases.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.|
TX Civ Prac & Rem Code § 43.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 43 - Principal and Surety|Section 43.005. Officer Treated as Surety

Sec. 43.005.  OFFICER TREATED AS SURETY.  (a)  An officer has the rights of a surety provided by Section 43.004 if the officer is compelled to pay a judgment in whole or part because of the officer's default.(b)  An officer does not have the rights of a surety provided by Section 43.004 if the officer:(1)  does not pay over money collected; or(2)  wastes property that is levied on by the officer or is in the officer's possession.|Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.|
TX Civ Prac & Rem Code § 52.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle D - Appeals|Chapter 52 - Security for Judgments Pending Appeal|Section 52.001. Definition

Sec. 52.001.  DEFINITION.  In this chapter, "security" means a bond or deposit posted, as provided by the Texas Rules of Appellate Procedure, by a judgment debtor to suspend execution of the judgment during appeal of the judgment.|Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1, 1989.|
TX Civ Prac & Rem Code § 52.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle D - Appeals|Chapter 52 - Security for Judgments Pending Appeal|Section 52.005. Conflict With Texas Rules of Appellate Procedure

Sec. 52.005.  CONFLICT WITH TEXAS RULES OF APPELLATE PROCEDURE.  (a)  To the extent that this chapter conflicts with the Texas Rules of Appellate Procedure, this chapter controls.(b)  Notwithstanding Section 22.004, Government Code, the supreme court may not adopt rules in conflict with this chapter.(c)  The Texas Rules of Appellate Procedure apply to any proceeding, cause of action, or claim to which Section 52.002 does not apply.|Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1, 1989.|
TX Civ Prac & Rem Code § 52.006 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle D - Appeals|Chapter 52 - Security for Judgments Pending Appeal|Section 52.006. Amount of Security for Money Judgment

Sec. 52.006.  AMOUNT OF SECURITY FOR MONEY JUDGMENT.  (a)  Subject to Subsection (b), when a judgment is for money, the amount of security must equal the sum of:(1)  the amount of compensatory damages awarded in the judgment;(2)  interest for the estimated duration of the appeal;  and(3)  costs awarded in the judgment.(b)  Notwithstanding any other law or rule of court, when a judgment is for money, the amount of security must not exceed the lesser of:(1)  50 percent of the judgment debtor's net worth;  or(2)  $25 million.(c)  On a showing by the judgment debtor that the judgment debtor is likely to suffer substantial economic harm if required to post security in an amount required under Subsection (a) or (b), the trial court shall lower the amount of the security to an amount that will not cause the judgment debtor substantial economic harm.(d)  An appellate court may review the amount of security as allowed under Rule 24, Texas Rules of Appellate Procedure, except that when a judgment is for money, the appellate court may not modify the amount of security to exceed the amount allowed under this section.(e)  Nothing in this section prevents a trial court from enjoining the judgment debtor from dissipating or transferring assets to avoid satisfaction of the judgment, but the trial court may not make any order that interferes with the judgment debtor's use, transfer, conveyance, or dissipation of assets in the normal course of business.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 7.02, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 61.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter A. Availability of Remedy|Section 61.001. General Grounds

Sec. 61.001.  GENERAL GROUNDS.  A writ of original attachment is available to a plaintiff in a suit if:(1)  the defendant is justly indebted to the plaintiff;(2)  the attachment is not sought for the purpose of injuring or harassing the defendant;(3)  the plaintiff will probably lose his debt unless the writ of attachment is issued;  and(4)  specific grounds for the writ exist under Section 61.002.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter A. Availability of Remedy|Section 61.002. Specific Grounds

Sec. 61.002.  SPECIFIC GROUNDS.  Attachment is available if:(1)  the defendant is not a resident of this state or is a foreign corporation or is acting as such;(2)  the defendant is about to move from this state permanently and has refused to pay or secure the debt due the plaintiff;(3)  the defendant is in hiding so that ordinary process of law cannot be served on him;(4)  the defendant has hidden or is about to hide his property for the purpose of defrauding his creditors;(5)  the defendant is about to remove his property from this state without leaving an amount sufficient to pay his debts;(6)  the defendant is about to remove all or part of his property from the county in which the suit is brought with the intent to defraud his creditors;(7)  the defendant has disposed of or is about to dispose of all or part of his property with the intent to defraud his creditors;(8)  the defendant is about to convert all or part of his property into money for the purpose of placing it beyond the reach of his creditors;  or(9)  the defendant owes the plaintiff for property obtained by the defendant under false pretenses.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.0021 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter A. Availability of Remedy|Section 61.0021. Grounds for Attachment in Suit for Sexual Assault

Sec. 61.0021.  GROUNDS FOR ATTACHMENT IN SUIT FOR SEXUAL ASSAULT.  (a)  Notwithstanding any other provision of this code, attachment is available to a plaintiff who:(1)  has general grounds for issuance under Sections 61.001(2) and (3); and(2)  institutes a suit for personal injury arising as a result of conduct that violates:(A)  Section 22.011(a)(2), Penal Code (sexual assault of a child);(B)  Section 22.021(a)(1)(B), Penal Code (aggravated sexual assault of a child);(C)  Section 21.02, Penal Code (continuous sexual abuse of young child or disabled individual); or(D)  Section 21.11, Penal Code (indecency with a child).(b)  A court may issue a writ of attachment in a suit described by Subsection (a) in an amount the court determines to be appropriate to provide for the counseling and medical needs of the plaintiff.|Added by Acts 2009, 81st Leg., R.S., Ch. 946 (H.B. 3246), Sec. 1, eff. September 1, 2009.Amended by: Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.04, eff. September 1, 2021.|
TX Civ Prac & Rem Code § 61.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter A. Availability of Remedy|Section 61.003. Pending Suit Required

Sec. 61.003.  PENDING SUIT REQUIRED.  A writ of attachment may be issued in a proper case at the initiation of a suit or at any time during the progress of a suit, but may not be issued before a suit has been instituted.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter A. Availability of Remedy|Section 61.004. Available for Debt Not Due

Sec. 61.004.  AVAILABLE FOR DEBT NOT DUE.  A writ of attachment may be issued even though the plaintiff's debt or demand is not due.  The proceedings relating to the writ shall be as in other cases, except that final judgment may not be rendered against the defendant until the debt or demand becomes due.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter A. Availability of Remedy|Section 61.005. Certain Torts and Unliquidated Demands

Sec. 61.005.  CERTAIN TORTS AND UNLIQUIDATED DEMANDS.  Nothing in this chapter prevents issuance of a writ of attachment in a suit founded in tort or on an unliquidated demand against an individual, partnership, association, or corporation on whom personal service cannot be obtained in this state.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 61.021 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 3 - Extraordinary Remedies|Chapter 61 - Attachment|Subchapter B. Issuance|Section 61.021. Who May Issue

Sec. 61.021.  WHO MAY ISSUE.  The judge or clerk of a district or county court or a justice of the peace may issue a writ of original attachment returnable to his court.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|