reglab/housing_qa huggingface dataset:
TX Civ Prac & Rem Code § 38.0015 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 38 - Attorney's Fees|Section 38.0015. Recovery of Attorney's Fees as Compensatory Damages

Sec. 38.0015.  RECOVERY OF ATTORNEY'S FEES AS COMPENSATORY DAMAGES.  (a)  A person may recover reasonable attorney's fees from an individual, corporation, or other entity from which recovery is permitted under Section 38.001 as compensatory damages for breach of a construction contract as defined by Section 130.001.(b)  This section may not be construed to create or imply a private cause of action or independent basis to recover attorney's fees.|Added by Acts 2021, 87th Leg., R.S., Ch. 1015 (H.B. 2416), Sec. 1, eff. September 1, 2021.|
TX Civ Prac & Rem Code § 38.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 38 - Attorney's Fees|Section 38.002. Procedure for Recovery of Attorney's Fees

Sec. 38.002.  PROCEDURE FOR RECOVERY OF ATTORNEY'S FEES.  To recover attorney's fees under this chapter:(1)  the claimant must be represented by an attorney;(2)  the claimant must present the claim to the opposing party or to a duly authorized agent of the opposing party;  and(3)  payment for the just amount owed must not have been tendered before the expiration of the 30th day after the claim is presented.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 38.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 38 - Attorney's Fees|Section 38.003. Presumption

Sec. 38.003.  PRESUMPTION.  It is presumed that the usual and customary attorney's fees for a claim of the type described in Section 38.001 are reasonable.  The presumption may be rebutted.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 38.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 38 - Attorney's Fees|Section 38.004. Judicial Notice

Sec. 38.004.  JUDICIAL NOTICE.  The court may take judicial notice of the usual and customary attorney's fees and of the contents of the case file without receiving further evidence in:(1)  a proceeding before the court;  or(2)  a jury case in which the amount of attorney's fees is submitted to the court by agreement.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 38.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 38 - Attorney's Fees|Section 38.005. Liberal Construction

Sec. 38.005.  LIBERAL CONSTRUCTION.  This chapter shall be liberally construed to promote its underlying purposes.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.|
TX Civ Prac & Rem Code § 38.006 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 38 - Attorney's Fees|Section 38.006. Exceptions

Sec. 38.006.  EXCEPTIONS.  This chapter does not apply to a contract issued by an insurer that is subject to the provisions of:(1)  Title 11, Insurance Code;(2)  Chapter 541, Insurance Code;(3)  the Unfair Claim Settlement Practices Act (Subchapter A, Chapter 542, Insurance Code); or(4)  Subchapter B, Chapter 542, Insurance Code.|Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.105, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 39.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 39 - Default Judgments in Certain Cases Defended by Attorney General|Section 39.001. Notice of Intent to Take Default Judgment

Sec. 39.001.  NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT.  Notice of intent to take a default judgment against the state, a state agency, or a party in a civil case for which Chapter 104 authorizes representation by the attorney general shall be mailed to the attorney general at the attorney general's office in Austin, Texas, by United States Postal Service certified mail, return receipt requested, not later than the 10th day before the entry of the default judgment.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.09(a), eff. Sept. 1, 1987.|
TX Civ Prac & Rem Code § 39.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 39 - Default Judgments in Certain Cases Defended by Attorney General|Section 39.002. Failure to Give Notice

Sec. 39.002.  FAILURE TO GIVE NOTICE.  Failure to give notice in a case in which notice is required by Section 30.004(b) or Section 39.001 results in any default judgment in the case being set aside without costs.|Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.09(a), eff. Sept. 1, 1987.|
TX Civ Prac & Rem Code § 40.001 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 40 - Availability of Certain Funds to Pay Damages|Section 40.001. Endowment of Certain Nonprofit Institutions

Sec. 40.001.  ENDOWMENT OF CERTAIN NONPROFIT INSTITUTIONS.  (a)  This section applies only to damages awarded against:(1)  a nonprofit institution or facility:(A)  licensed under Chapter 242, 246, or 247, Health and Safety Code, or Chapter 42, Human Resources Code;  and(B)  that, before the date on which the action in which the damages are awarded is filed, is affiliated with:(i)  a nonprofit religious organization that is exempt from federal income tax under Section 501(c)(3), Internal Revenue Code of 1986, as amended, and that is a nonprofit religious organization described by 34 T.A.C. Section 3.322(b)(3), as that provision existed on January 1, 2003, or a convention or association of those organizations;  or(ii)  a local Jewish Federation;  or(2)  a program operated by an institution or facility described by Subdivision (1).(b)  A claimant may not collect damages awarded against an institution, facility, or program described by Subsection (a) from an endowment fund, restricted fund, or similar fund or account, or the income derived from the corpus of the fund or account, if:(1)  the fund or account is exempt from federal taxation;(2)  the corpus, income, or a distribution from the fund or account is used to assist in funding care provided by a nursing institution licensed under Chapter 242, Health and Safety Code, and affiliated with an organization described by Subsection (a)(1)(B);(3)  the corpus of the fund or account is derived from donations or grants from third parties or public sources;  and(4)  the use of the fund or account is temporarily or permanently restricted:(A)  by the donor or grantor at the time the donation or grant is made by:(i)  the express language, action, or agreement of the donor or grantor;  or(ii)  the manner in which the donation or grant was solicited by the donee or grantee;  or(B)  by the board governing the fund or account at the time the donation or grant is accepted.|Added by Acts 2003, 78th Leg., ch. 133, Sec. 1, eff. May 27, 2003.|
TX Civ Prac & Rem Code § 41.002 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.002. Applicability

Sec. 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.|Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Amended by Acts 1989, 71st Leg., ch. 380, Sec. 5, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 1129, Sec. 16, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 260, Sec. 9, eff. May 30, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 4.01, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 204, Sec. 13.03, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 18, eff. September 1, 2005.|
TX Civ Prac & Rem Code § 41.003 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.003. Standards for Recovery of Exemplary Damages

Sec. 41.003.  STANDARDS FOR RECOVERY OF EXEMPLARY DAMAGES.  (a)  Except as provided by Subsection (c), exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm with respect to which the claimant seeks recovery of exemplary damages results from:(1)  fraud;(2)  malice;  or(3)  gross negligence.(b)  The claimant must prove by clear and convincing evidence the elements of exemplary damages as provided by this section.  This burden of proof may not be shifted to the defendant or satisfied by evidence of ordinary negligence, bad faith, or a deceptive trade practice.(c)  If the claimant relies on a statute establishing a cause of action and authorizing exemplary damages in specified circumstances or in conjunction with a specified culpable mental state, exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the damages result from the specified circumstances or culpable mental state.(d)  Exemplary damages may be awarded only if the jury was unanimous in regard to finding liability for and the amount of exemplary damages.(e)  In all cases where the issue of exemplary damages is submitted to the jury, the following instruction shall be included in the charge of the court:"You are instructed that, in order for you to find exemplary damages, your answer to the question regarding the amount of such damages must be unanimous."|Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 204, Sec. 13.04, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 41.004 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.004. Factors Precluding Recovery

Sec. 41.004.  FACTORS PRECLUDING RECOVERY.  (a)  Except as provided by Subsection (b), exemplary damages may be awarded only if damages other than nominal damages are awarded.(b)  Exemplary damages may not be awarded to a claimant who elects to have his recovery multiplied under another statute.|Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 204, Sec. 13.05, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 41.005 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.005. Harm Resulting From Criminal Act

Sec. 41.005.  HARM RESULTING FROM CRIMINAL ACT.  (a)  In an action arising from harm resulting from an assault, theft, or other criminal act, a court may not award exemplary damages against a defendant because of the criminal act of another.(b)  The exemption provided by Subsection (a) does not apply if:(1)  the criminal act was committed by an employee of the defendant;(2)  the defendant is criminally responsible as a party to the criminal act under the provisions of Chapter 7, Penal Code;(3)  the criminal act occurred at a location where, at the time of the criminal act, the defendant was maintaining a common nuisance under the provisions of Chapter 125, Civil Practice and Remedies Code, and had not made reasonable attempts to abate the nuisance;  or(4)  the criminal act resulted from the defendant's intentional or knowing violation of a statutory duty under Subchapter D, Chapter 92, Property Code, and the criminal act occurred after the statutory deadline for compliance with that duty.(c)  In an action arising out of a criminal act committed by an employee, the employer may be liable for punitive damages but only if:(1)  the principal authorized the doing and the manner of the act;(2)  the agent was unfit and the principal acted with malice in employing or retaining him;(3)  the agent was employed in a managerial capacity and was acting in the scope of employment;  or(4)  the employer or a manager of the employer ratified or approved the act.|Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.|
TX Civ Prac & Rem Code § 41.006 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.006. Award Specific to Defendant

Sec. 41.006.  AWARD SPECIFIC TO DEFENDANT.  In any action in which there are two or more defendants, an award of exemplary damages must be specific as to a defendant, and each defendant is liable only for the amount of the award made against that defendant.|Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 41.005 by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.|
TX Civ Prac & Rem Code § 41.007 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.007. Prejudgment Interest

Sec. 41.007.  PREJUDGMENT INTEREST.  Prejudgment interest may not be assessed or recovered on an award of exemplary damages.|Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 41.006 by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.|
TX Civ Prac & Rem Code § 41.008 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.008. Limitation on Amount of Recovery

Sec. 41.008.  LIMITATION ON AMOUNT OF RECOVERY.  (a)  In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from the amount of other compensatory damages.(b)  Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of:(1)(A) two times the amount of economic damages;  plus(B)  an amount equal to any noneconomic damages found by the jury, not to exceed $750,000;  or(2)  $200,000.(c)  This section does not apply to a cause of action against a defendant from whom a plaintiff seeks recovery of exemplary damages based on conduct described as a felony in the following sections of the Penal Code if, except for Sections 49.07 and 49.08, the conduct was committed knowingly or intentionally:(1)  Section 19.02 (murder);(2)  Section 19.03 (capital murder);(3)  Section 20.04 (aggravated kidnapping);(4)  Section 22.02 (aggravated assault);(5)  Section 22.011 (sexual assault);(6)  Section 22.021 (aggravated sexual assault);(7)  Section 22.04 (injury to a child, elderly individual, or disabled individual, but not if the conduct occurred while providing health care as defined by Section 74.001 of this code);(8)  Section 32.21 (forgery);(9)  Section 32.43 (commercial bribery);(10)  Section 32.45 (misapplication of fiduciary property or property of financial institution);(11)  Section 32.46 (fraudulent securing of document execution);(12)  Section 32.47 (fraudulent destruction, removal, or concealment of writing);(13)  Chapter 31 (theft) the punishment level for which is a felony of the third degree or higher;(14)  Section 49.07 (intoxication assault);(15)  Section 49.08 (intoxication manslaughter);(16)  Section 21.02 (continuous sexual abuse of young child or disabled individual); or(17)  Chapter 20A (trafficking of persons).(d)  In this section, "intentionally" and "knowingly" have the same meanings assigned those terms in Sections 6.03(a) and (b), Penal Code.(e)  The provisions of this section may not be made known to a jury by any means, including voir dire, introduction into evidence, argument, or instruction.(f)  This section does not apply to a cause of action for damages arising from the manufacture of methamphetamine as described by Chapter 99.|Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 41.007 and amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 643, Sec. 3, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 204, Sec. 13.06, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.03, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 309 (H.B. 533), Sec. 2, eff. June 19, 2009.Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.03, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 837 (S.B. 109), Sec. 5, eff. September 1, 2021.|
TX Civ Prac & Rem Code § 41.009 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.009. Bifurcated Trial

Sec. 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.|Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.|
TX Civ Prac & Rem Code § 41.010 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.010. Considerations in Making Award

Sec. 41.010.  CONSIDERATIONS IN MAKING AWARD.  (a)  Before making an award of exemplary damages, the trier of fact shall consider the definition and purposes of exemplary damages as provided by Section 41.001.(b)  Subject to Section 41.008, the determination of whether to award exemplary damages and the amount of exemplary damages to be awarded is within the discretion of the trier of fact.|Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 204, Sec. 13.07, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 41.0105 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.0105. Evidence Relating to Amount of Economic Damages

Sec. 41.0105.  EVIDENCE RELATING TO AMOUNT OF ECONOMIC DAMAGES.  In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.|Added by Acts 2003, 78th Leg., ch. 204, Sec. 13.08, eff. Sept. 1, 2003.|
TX Civ Prac & Rem Code § 41.011 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.011. Evidence Relating to Amount of Exemplary Damages

Sec. 41.011.  EVIDENCE RELATING TO AMOUNT OF EXEMPLARY DAMAGES.  (a)  In determining the amount of exemplary damages, the trier of fact shall consider evidence, if any, relating to:(1)  the nature of the wrong;(2)  the character of the conduct involved;(3)  the degree of culpability of the wrongdoer;(4)  the situation and sensibilities of the parties concerned;(5)  the extent to which such conduct offends a public sense of justice and propriety;  and(6)  the net worth of the defendant.(b)  Evidence that is relevant only to the amount of exemplary damages that may be awarded is not admissible during the first phase of a bifurcated trial.|Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.|
TX Civ Prac & Rem Code § 41.0115 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.0115. Discovery of Evidence of Net Worth for Exemplary Damages Claim

Sec. 41.0115.  DISCOVERY OF EVIDENCE OF NET WORTH FOR EXEMPLARY DAMAGES CLAIM.  (a)  On the motion of a party and after notice and a hearing, a trial court may authorize discovery of evidence of a defendant's net worth if the court finds in a written order that the claimant has demonstrated a substantial likelihood of success on the merits of a claim for exemplary damages.  Evidence submitted by a party to the court in support of or in opposition to a motion made under this subsection may be in the form of an affidavit or a response to discovery.(b)  If a trial court authorizes discovery under Subsection (a), the court's order may only authorize use of the least burdensome method available to obtain the net worth evidence.(c)  When reviewing an order authorizing or denying discovery of net worth evidence under this section, the reviewing court may consider only the evidence submitted by the parties to the trial court in support of or in opposition to the motion described by Subsection (a).(d)  If a party requests net worth discovery under this section, the court shall presume that the requesting party has had adequate time for the discovery of facts relating to exemplary damages for purposes of allowing the party from whom net worth discovery is sought to move for summary judgment on the requesting party's claim for exemplary damages under Rule 166a(i), Texas Rules of Civil Procedure.|Added by Acts 2015, 84th Leg., R.S., Ch. 1159 (S.B. 735), Sec. 2, eff. September 1, 2015.|
TX Civ Prac & Rem Code § 41.012 (2021)
2021 Texas Statutes|Civil Practice and Remedies Code|Title 2 - Trial, Judgment, and Appeal|Subtitle C - Judgments|Chapter 41 - Damages|Section 41.012. Jury Instructions

Sec. 41.012.  JURY INSTRUCTIONS.  In a trial to a jury, the court shall instruct the jury with regard to Sections 41.001, 41.003, 41.010, and 41.011.|Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.|