reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 74.251 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter F. Statute of Limitations|Section 74.251. Statute of Limitations on Health Care Liability Claims

Sec. 74.251.  STATUTE OF LIMITATIONS ON HEALTH CARE LIABILITY CLAIMS.  (a)  Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed;  provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim.  Except as herein provided this section applies to all persons regardless of minority or other legal disability.(b)  A claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim.  This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.301 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter G. Liability Limits|Section 74.301. Limitation on Noneconomic Damages

Sec. 74.301.  LIMITATION ON NONECONOMIC DAMAGES.  (a)  In an action on a health care liability claim where final judgment is rendered against a physician or health care provider other than a health care institution, the limit of civil liability for noneconomic damages of the physician or health care provider other than a health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant, regardless of the number of defendant physicians or health care providers other than a health care institution against whom the claim is asserted or the number of separate causes of action on which the claim is based.(b)  In an action on a health care liability claim where final judgment is rendered against a single health care institution, the limit of civil liability for noneconomic damages inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant.(c)  In an action on a health care liability claim where final judgment is rendered against more than one health care institution, the limit of civil liability for noneconomic damages for each health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant and the limit of civil liability for noneconomic damages for all health care institutions, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $500,000 for each claimant.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.303 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter G. Liability Limits|Section 74.303. Limitation on Damages

Sec. 74.303.  LIMITATION ON DAMAGES.  (a)  In a wrongful death or survival action on a health care liability claim where final judgment is rendered against a physician or health care provider, the limit of civil liability for all damages, including exemplary damages, shall be limited to an amount not to exceed $500,000 for each claimant, regardless of the number of defendant physicians or health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based.(b)  When there is an increase or decrease in the consumer price index with respect to the amount of that index on August 29, 1977, the liability limit prescribed in Subsection (a) shall be increased or decreased, as applicable, by a sum equal to the amount of such limit multiplied by the percentage increase or decrease in the consumer price index, as published by the Bureau of Labor Statistics of the United States Department of Labor, that measures the average changes in prices of goods and services purchased by urban wage earners and clerical workers' families and single workers living alone (CPI-W:  Seasonally Adjusted U.S. City Average--All Items), between August 29, 1977, and the time at which damages subject to such limits are awarded by final judgment or settlement.(c)  Subsection (a) does not apply to the amount of damages awarded on a health care liability claim for the expenses of necessary medical, hospital, and custodial care received before judgment or required in the future for treatment of the injury.(d)  The liability of any insurer under the common law theory of recovery commonly known in Texas as the "Stowers Doctrine" shall not exceed the liability of the insured.(e)  In any action on a health care liability claim that is tried by a jury in any court in this state, the following shall be included in the court's written instructions to the jurors:(1)  "Do not consider, discuss, nor speculate whether or not liability, if any, on the part of any party is or is not subject to any limit under applicable law."(2)  "A finding of negligence may not be based solely on evidence of a bad result to the claimant in question, but a bad result may be considered by you, along with other evidence, in determining the issue of negligence.  You are the sole judges of the weight, if any, to be given to this kind of evidence."|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.353 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter H. Procedural Provisions|Section 74.353. Preliminary Determination for Expert Report Requirement

Sec. 74.353.  PRELIMINARY DETERMINATION FOR EXPERT REPORT REQUIREMENT.  (a)  On motion of a claimant filed not later than 30 days after the date each defendant's original answer is filed, a court may issue a preliminary determination regarding whether a claim made by the claimant is a health care liability claim for the purposes of Section 74.351.(b)  If a court determines under Subsection (a) or (c) that a claim is a health care liability claim for purposes of Section 74.351, the claimant shall serve an expert report as required by Section 74.351 not later than the later of:(1)  120 days after the date each defendant's original answer is filed;(2)  60 days after the date the court issues the preliminary determination under Subsection (a) or (c); or(3)  a date agreed to in writing by the affected parties.(c)  If a court does not issue a preliminary determination under Subsection (a) before the 91st day after the date that a claimant files a motion under that subsection, the court shall issue a preliminary determination that the claim is a health care liability claim for the purposes of Section 74.351. (d)  A preliminary determination under this section is subject to interlocutory appeal by either the claimant or defendant.(e)  If on interlocutory appeal an appellate court reverses a trial court's preliminary determination that a claim is not a health care liability claim, the claimant shall serve an expert report as required by Section 74.351 not later than 120 days after the date that the appellate court issues an opinion reversing the preliminary determination.(f)  A preliminary determination under this section applies only to the issue of whether a claimant is required to serve an expert report under Section 74.351.|Added by Acts 2021, 87th Leg., R.S., Ch. 167 (S.B. 232), Sec. 3, eff. September 1, 2021.|
TX Civ Prac & Rem Code § 74.403 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter I. Expert Witnesses|Section 74.403. Qualifications of Expert Witness on Causation in Health Care Liability Claim

Sec. 74.403.  QUALIFICATIONS OF EXPERT WITNESS ON CAUSATION IN HEALTH CARE LIABILITY CLAIM.  (a)  Except as provided by Subsections (b) and (c), in a suit involving a health care liability claim against a physician or health care provider, a person may qualify as an expert witness on the issue of the causal relationship between the alleged departure from accepted standards of care and the injury, harm, or damages claimed only if the person is a physician and is otherwise qualified to render opinions on that causal relationship under the Texas Rules of Evidence.(b)  In a suit involving a health care liability claim against a dentist, a person may qualify as an expert witness on the issue of the causal relationship between the alleged departure from accepted standards of care and the injury, harm, or damages claimed if the person is a dentist or physician and is otherwise qualified to render opinions on that causal relationship under the Texas Rules of Evidence.(c)  In a suit involving a health care liability claim against a podiatrist, a person may qualify as an expert witness on the issue of the causal relationship between the alleged departure from accepted standards of care and the injury, harm, or damages claimed if the person is a podiatrist or physician and is otherwise qualified to render opinions on that causal relationship under the Texas Rules of Evidence.(d)  A pretrial objection to the qualifications of a witness under this section must be made not later than the later of the 21st day after the date the objecting party receives a copy of the witness's curriculum vitae or the 21st day after the date of the witness's deposition.  If circumstances arise after the date on which the objection must be made that could not have been reasonably anticipated by a party before that date and that the party believes in good faith provide a basis for an objection to a witness's qualifications, and if an objection was not made previously, this subsection does not prevent the party from making an objection as soon as practicable under the circumstances.  The court shall conduct a hearing to determine whether the witness is qualified as soon as practicable after the filing of an objection and, if possible, before trial.  If the objecting party is unable to object in time for the hearing to be conducted before the trial, the hearing shall be conducted outside the presence of the jury.  This subsection does not prevent a party from examining or cross-examining a witness at trial about the witness's qualifications.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.451 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter J. Arbitration Agreements|Section 74.451. Arbitration Agreements

Sec. 74.451.  ARBITRATION AGREEMENTS.  (a)  No physician, professional association of physicians, or other health care provider shall request or require a patient or prospective patient to execute an agreement to arbitrate a health care liability claim unless the form of agreement delivered to the patient contains a written notice in 10-point boldface type clearly and conspicuously stating:UNDER TEXAS LAW, THIS AGREEMENT IS INVALID AND OF NO LEGAL EFFECT UNLESS IT IS ALSO SIGNED BY AN ATTORNEY OF YOUR OWN CHOOSING. THIS AGREEMENT CONTAINS A WAIVER OF IMPORTANT LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY. YOU SHOULD NOT SIGN THIS AGREEMENT WITHOUT FIRST CONSULTING WITH AN ATTORNEY.(b)  A violation of this section by a physician or professional association of physicians constitutes a violation of Subtitle B, Title 3, Occupations Code, and shall be subject to the enforcement provisions and sanctions contained in that subtitle.(c)  A violation of this section by a health care provider other than a physician shall constitute a false, misleading, or deceptive act or practice in the conduct of trade or commerce within the meaning of Section 17.46 of the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code), and shall be subject to an enforcement action by the consumer protection division under that act and subject to the penalties and remedies contained in Section 17.47, Business & Commerce Code, notwithstanding Section 74.004 or any other law.(d)  Notwithstanding any other provision of this section, a person who is found to be in violation of this section for the first time shall be subject only to injunctive relief or other appropriate order requiring the person to cease and desist from such violation, and not to any other penalty or sanction.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.501 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter K. Payment for Future Losses|Section 74.501. Definitions

Sec. 74.501.  DEFINITIONS.  In this subchapter:(1)  "Future damages" means damages that are incurred after the date of judgment for:(A)  medical, health care, or custodial care services;(B)  physical pain and mental anguish, disfigurement, or physical impairment;(C)  loss of consortium, companionship, or society;  or(D)  loss of earnings.(2)  "Future loss of earnings" means the following losses incurred after the date of the judgment:(A)  loss of income, wages, or earning capacity and other pecuniary losses;  and(B)  loss of inheritance.(3)  "Periodic payments" means the payment of money or its equivalent to the recipient of future damages at defined intervals.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.502 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter K. Payment for Future Losses|Section 74.502. Scope of Subchapter

Sec. 74.502.  SCOPE OF SUBCHAPTER.  This subchapter applies only to an action on a health care liability claim against a physician or health care provider in which the present value of the award of future damages, as determined by the court, equals or exceeds $100,000.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.503 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter K. Payment for Future Losses|Section 74.503. Court Order for Periodic Payments

Sec. 74.503.  COURT ORDER FOR PERIODIC PAYMENTS.  (a)  At the request of a defendant physician or health care provider or claimant, the court shall order that medical, health care, or custodial services awarded in a health care liability claim be paid in whole or in part in periodic payments rather than by a lump-sum payment.(b)  At the request of a defendant physician or health care provider or claimant, the court may order that future damages other than medical, health care, or custodial services awarded in a health care liability claim be paid in whole or in part in periodic payments rather than by a lump sum payment.(c)  The court shall make a specific finding of the dollar amount of periodic payments that will compensate the claimant for the future damages.(d)  The court shall specify in its judgment ordering the payment of future damages by periodic payments the:(1)  recipient of the payments;(2)  dollar amount of the payments;(3)  interval between payments;  and(4)  number of payments or the period of time over which payments must be made.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.504 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter K. Payment for Future Losses|Section 74.504. Release

Sec. 74.504.  RELEASE.  The entry of an order for the payment of future damages by periodic payments constitutes a release of the health care liability claim filed by the claimant.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.505 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter K. Payment for Future Losses|Section 74.505. Financial Responsibility

Sec. 74.505.  FINANCIAL RESPONSIBILITY.  (a)  As a condition to authorizing periodic payments of future damages, the court shall require a defendant who is not adequately insured to provide evidence of financial responsibility in an amount adequate to assure full payment of damages awarded by the judgment.(b)  The judgment must provide for payments to be funded by:(1)  an annuity contract issued by a company licensed to do business as an insurance company, including an assignment within the meaning of Section 130, Internal Revenue Code of 1986, as amended;(2)  an obligation of the United States;(3)  applicable and collectible liability insurance from one or more qualified insurers;  or(4)  any other satisfactory form of funding approved by the court.(c)  On termination of periodic payments of future damages, the court shall order the return of the security, or as much as remains, to the defendant.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.506 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter K. Payment for Future Losses|Section 74.506. Death of Recipient

Sec. 74.506.  DEATH OF RECIPIENT.  (a)  On the death of the recipient, money damages awarded for loss of future earnings continue to be paid to the estate of the recipient of the award without reduction.(b)  Periodic payments, other than future loss of earnings, terminate on the death of the recipient.(c)  If the recipient of periodic payments dies before all payments required by the judgment are paid, the court may modify the judgment to award and apportion the unpaid damages for future loss of earnings in an appropriate manner.(d)  Following the satisfaction or termination of any obligations specified in the judgment for periodic payments, any obligation of the defendant physician or health care provider to make further payments ends and any security given reverts to the defendant.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 74.507 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 74 - Medical Liability|Subchapter K. Payment for Future Losses|Section 74.507. Award of Attorney's Fees

Sec. 74.507.  AWARD OF ATTORNEY'S FEES.  For purposes of computing the award of attorney's fees when the claimant is awarded a recovery that will be paid in periodic payments, the court shall:(1)  place a total value on the payments based on the claimant's projected life expectancy;  and(2)  reduce the amount in Subdivision (1) to present value.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 78.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities|Subchapter A. Volunteer Fire Fighters and Fire Departments|Section 78.001. Liability

Sec. 78.001.  LIABILITY.  A volunteer fire fighter or a volunteer fire department is not liable for damage to property resulting from the fire fighter's or the department's reasonable and necessary action in fighting or extinguishing a fire on the property.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.|
TX Civ Prac & Rem Code § 78.051 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities|Subchapter B. Marine Fire-Fighting Services|Section 78.051. Definitions

Sec. 78.051.  DEFINITIONS.  In this subchapter:(1)  "Fire emergency" means an emergency response involving fire protection or prevention, rescue, emergency medical, or hazardous material response services.(2)  "Fire fighter" means an employee of a nonprofit fire department.(3)  "Governmental unit" has the meaning assigned by Chapter 101.(4)  "Nonprofit fire department" means a nonprofit organization that is:(A)  exempt from federal income tax under Section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501(a)) by being listed as an exempt organization in Section 501(c)(4) of that code;(B)  composed of member owners;  and(C)  organized to offer and provide:(i)  fire protection, prevention, and inspection services;  and(ii)  emergency response services, including rescue, emergency medical, and hazardous material response services.|Added by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.|
TX Civ Prac & Rem Code § 78.052 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities|Subchapter B. Marine Fire-Fighting Services|Section 78.052. Applicability of Subchapter: Marine Fire Emergency

Sec. 78.052.  APPLICABILITY OF SUBCHAPTER:  MARINE FIRE EMERGENCY.  This subchapter applies only to damages for personal injury, death, or property damage arising from an error or omission of:(1)  a nonprofit fire department providing services to respond to marine fire emergencies under contract to a governmental unit, if the error or omission occurs in responding to a marine fire emergency:(A)  on the navigable waters of this state;(B)  in any place into which a vessel enters or from which a vessel departs the waterway leading to that place from the Gulf of Mexico or the Gulf Intracoastal Waterway;(C)  on property owned or under the control of the governmental unit;  or(D)  at the request of the governmental unit in the interest of public safety;  or(2)  a fire fighter providing services described by Subdivision (1).|Added by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.|
TX Civ Prac & Rem Code § 78.053 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities|Subchapter B. Marine Fire-Fighting Services|Section 78.053. Liability

Sec. 78.053.  LIABILITY.  (a)  A nonprofit fire department is liable for damages described by Section 78.052 only to the extent that the governmental unit with which the nonprofit fire department is contracting would be liable under Chapter 101.(b)  Section 101.106 applies to a claimant in a suit against a fire fighter as if the fire fighter were an employee of a governmental unit and the nonprofit fire department were a governmental unit.|Added by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.|
TX Civ Prac & Rem Code § 78.054 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 4 - Liability in Tort|Chapter 78 - Certain Fire Fighters and Fire-Fighting Entities|Subchapter B. Marine Fire-Fighting Services|Section 78.054. Individual Immunities

Sec. 78.054.  INDIVIDUAL IMMUNITIES.  A fire fighter is liable for damages described by Section 78.052 only to the extent an analogous employee of the governmental unit with which the nonprofit fire department is contracting would be liable and is entitled to the common law immunities applicable to the employee of the governmental unit.|Added by Acts 1997, 75th Leg., ch. 899, Sec. 1, eff. Sept. 1, 1997.|