reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 94 - Liability of Sports Officials and Organizations › Section 94.002. Liability of Sports Official

Sec. 94.002.  LIABILITY OF SPORTS OFFICIAL.  (a)  A sports official who is engaged in an athletic competition is not liable for civil damages, including personal injury, wrongful death, property damage, or other loss related to any act, error, or omission that results from a risk inherent in the nature of the competitive activity in which the claimant chose to participate unless the act, error, or omission constitutes:
(1)  gross negligence; or
(2)  wanton, wilful, or intentional misconduct.
(b)  Whether a risk is inherent in the nature of a competitive activity is dependent upon:
(1)  the nature of the sport in question;
(2)  the conduct that is generally accepted in the sport; and
(3)  whether the harm occurred during the pursuit of the purposes of the competition.
(c)  A mere violation of the rules of play of an athletic competition or failing to call a penalty, missing a call, or failing to enforce competition rules cannot in itself form the basis for liability under this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 348 (H.B. 1040), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 94 - Liability of Sports Officials and Organizations › Section 94.003. Liability of Sponsoring Organization

Sec. 94.003.  LIABILITY OF SPONSORING ORGANIZATION.  A sponsoring organization cannot be held liable for an act, error, or omission of a sports official absent any new, independent, and separate act, error, or omission of the sponsoring organization that gave rise to the harm.
Added by Acts 2015, 84th Leg., R.S., Ch. 348 (H.B. 1040), Sec. 1, eff. June 9, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 95 - Property Owner's Liability for Acts of Independent Contractors and Amount of Recovery › Section 95.001. Definitions

Sec. 95.001.  DEFINITIONS.  In this chapter:
(1)  "Claim" means a claim for damages caused by negligence, including a counterclaim, cross-claim, or third party claim.
(2)  "Claimant" means a party making a claim subject to this chapter.
(3)  "Property owner" means a person or entity that owns real property primarily used for commercial or business purposes.
Added by Acts 1995, 74th Leg., ch. 136, Sec. 2, eff. Sept. 1, 1996.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 95 - Property Owner's Liability for Acts of Independent Contractors and Amount of Recovery › Section 95.002. Applicability

Sec. 95.002.  APPLICABILITY.  This chapter applies only to a claim:
(1)  against a property owner, contractor, or subcontractor for personal injury, death, or property damage to an owner, a contractor, or a subcontractor or an employee of a contractor or subcontractor;  and
(2)  that arises from the condition or use of an improvement to real property where the contractor or subcontractor constructs, repairs, renovates, or modifies the improvement.
Added by Acts 1995, 74th Leg., ch. 136, Sec. 2, eff. Sept. 1, 1996.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 95 - Property Owner's Liability for Acts of Independent Contractors and Amount of Recovery › Section 95.003. Liability for Acts of Independent Contractors

Sec. 95.003.  LIABILITY FOR ACTS OF INDEPENDENT CONTRACTORS.  A property owner is not liable for personal injury, death, or property damage to a contractor, subcontractor, or an employee of a contractor or subcontractor who constructs, repairs, renovates, or modifies an improvement to real property, including personal injury, death, or property damage arising from the failure to provide a safe workplace unless:
(1)  the property owner exercises or retains some control over the manner in which the work is performed, other than the right to order the work to start or stop or to inspect progress or receive reports;  and
(2)  the property owner had actual knowledge of the danger or condition resulting in the personal injury, death, or property damage and failed to adequately warn.
Added by Acts 1995, 74th Leg., ch. 136, Sec. 2, eff. Sept. 1, 1996.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 95 - Property Owner's Liability for Acts of Independent Contractors and Amount of Recovery › Section 95.004. Evidence Admissible

Sec. 95.004.  EVIDENCE ADMISSIBLE.  In the trial of a case against a contractor, subcontractor, or property owner for personal injury, property damage, or death to a contractor, a subcontractor, or an employee of a contractor or subcontractor that arises from the condition or use of an improvement to real property where the contractor or subcontractor constructs, repairs, renovates, or modifies the improvement, the trial judge, outside the presence of the jury, shall receive evidence of workers' compensation benefits paid and shall deduct the amount of the benefits from the damages awarded by the trier of fact.  The deduction for workers' compensation benefits does not apply unless the workers' compensation carrier's subrogation rights have been waived.
Added by Acts 1995, 74th Leg., ch. 136, Sec. 2, eff. Sept. 1, 1996.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 95A - Actions Involving the Carrying of Handguns on Certain Property › Section 95A.0001. Evidence of Failure to Forbid Handguns

Sec. 95A.0001.  EVIDENCE OF FAILURE TO FORBID HANDGUNS.  The fact that a card, sign, or other document described by Section 30.06(c)(3) or 30.07(c)(3), Penal Code, is not posted on the property of a business or any other evidence that a person failed to exercise the person's option to forbid the carrying of a handgun by a license holder on the property:
(1)  is not admissible as evidence in a trial on the merits in an action:
(A)  against a person, including a business or other entity, who owns, controls, or manages the property; and
(B)  in which the cause of action arises from an injury sustained on the property; and
(2)  does not support a cause of action described by Subdivision (1) against a person described by that subdivision.
Added by Acts 2019, 86th Leg., R.S., Ch. 974 (S.B. 772), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 96 - False Disparagement of Perishable Food Products › Section 96.001. Definition

Sec. 96.001.  DEFINITION.  In this chapter, "perishable food product" means a food product of agriculture or aquaculture that is sold or distributed in a form that will perish or decay beyond marketability within a limited period of time.
Added by Acts 1995, 74th Leg., ch. 80, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 96 - False Disparagement of Perishable Food Products › Section 96.002. Liability

Sec. 96.002.  LIABILITY.  (a)  A person is liable as provided by Subsection (b) if:
(1)  the person disseminates in any manner information relating to a perishable food product to the public;
(2)  the person knows the information is false;  and
(3)  the information states or implies that the perishable food product is not safe for consumption by the public.
(b)  A person who is liable under Subsection (a) is liable to the producer of the perishable food product for damages and any other appropriate relief arising from the person's dissemination of the information.
Added by Acts 1995, 74th Leg., ch. 80, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 96 - False Disparagement of Perishable Food Products › Section 96.003. Proof

Sec. 96.003.  PROOF.  In determining if information is false, the trier of fact shall consider whether the information was based on reasonable and reliable scientific inquiry, facts, or data.
Added by Acts 1995, 74th Leg., ch. 80, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 96 - False Disparagement of Perishable Food Products › Section 96.004. Certain Marketing or Labeling Excluded

Sec. 96.004.  CERTAIN MARKETING OR LABELING EXCLUDED.  A person is not liable under this chapter for marketing or labeling any agricultural product in a manner that indicates that the product:
(1)  was grown or produced by using or not using a chemical or drug;
(2)  was organically grown;  or
(3)  was grown without the use of any synthetic additive.
Added by Acts 1995, 74th Leg., ch. 80, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 97 - Liability of Persons Providing Services for a Governmental Unit › Section 97.001. Liability of Correctional Facilities and Officers Barred for Certain Acts of Inmates

Sec. 97.001.  LIABILITY OF CORRECTIONAL FACILITIES AND OFFICERS BARRED FOR CERTAIN ACTS OF INMATES.  A correctional facility or an officer or employee of a correctional facility is not liable for damages arising from an act committed by a person confined in the correctional facility that is in violation of Section 38.111, Penal Code.  This section does not apply if the officer or employee of the correctional facility knowingly assists or participates in the conduct prohibited by Section 38.111, Penal Code.
Added by Acts 2001, 77th Leg., ch. 1337, Sec. 2, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 584, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 97 - Liability of Persons Providing Services for a Governmental Unit › Section 97.002. Limit on Liability of Certain Highway, Road, and Street Contractors

Sec. 97.002.  LIMIT ON LIABILITY OF CERTAIN HIGHWAY, ROAD, AND STREET CONTRACTORS.  A contractor who constructs or repairs a highway, road, or street for the Texas Department of Transportation is not liable to a claimant for personal injury, property damage, or death arising from the performance of the construction or repair if, at the time of the personal injury, property damage, or death, the contractor is in compliance with contract documents material to the condition or defect that was the proximate cause of the personal injury, property damage, or death.
Added by Acts 2003, 78th Leg., ch. 584, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 97 - Liability of Persons Providing Services for a Governmental Unit › Section 97.003. Limit on Liability of Construction Monitoring and Inspection Services

Sec. 97.003.  LIMIT ON LIABILITY OF CONSTRUCTION MONITORING AND INSPECTION SERVICES.  (a)  In this section:
(1)  "Business entity" means an entity registered under Section 1001.405, Occupations Code.
(2)  "Complied with the obligations under the contract" means:
(A)  performing the monitoring and inspection required by a contract; and
(B)  notifying the department, as required by the contract, of any unsafe condition or operation that the person becomes aware of in the normal course of providing the services under the contract.
(3)  "Department" means the Texas Department of Transportation.
(4)  "Engineer" has the meaning assigned by Section 1001.002, Occupations Code.
(b)  This section applies to a business entity, an officer or employee of a business entity, or an engineer that provides services as a consultant or subconsultant of the department to monitor and inspect the progress of work on a transportation construction or maintenance project performed by a private contractor and report to the department regarding the contractor's compliance with the department's requirements for the project.
(c)  A person to whom this section applies is not liable to a claimant for personal injury, property damage, or death arising from an act or omission performed in the course and scope of the person's duties with respect to a project if:
(1)  the person does not have authority to direct the operations of the contractor or subcontractor to be monitored or inspected and otherwise had no control of any of the following:
(A)  the construction, means, methods, techniques, sequences, or procedures of the contractor or subcontractor;
(B)  the safety precautions or programs of the contractor or subcontractor; or
(C)  any other person who performs the work of the contractor or subcontractor to be monitored or inspected; and
(2)  the person performing the monitoring and inspecting substantially complied with the obligations under the contract with the department.
(d)  Subsection (c) does not apply to a cause of action for gross negligence or wilful or wanton conduct.
Added by Acts 2023, 88th Leg., R.S., Ch. 596 (H.B. 3156), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98 - Liability for Trafficking of Persons › Section 98.001. Definition

Sec. 98.001.  DEFINITION.  In this chapter, "trafficking of persons" means conduct that constitutes an offense under Chapter 20A, Penal Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 309 (H.B. 533), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98 - Liability for Trafficking of Persons › Section 98.002. Liability

Sec. 98.002.  LIABILITY.  (a)  A defendant who engages in the trafficking of persons or who intentionally or knowingly benefits from participating in a venture that traffics another person is liable to the person trafficked, as provided by this chapter, for damages arising from the trafficking of that person by the defendant or venture.
(b)  It is not a defense to liability under this chapter that a defendant has been acquitted or has not been prosecuted or convicted under Chapter 20A, Penal Code, or has been convicted of a different offense or of a different type or class of offense, for the conduct that is alleged to give rise to liability under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 309 (H.B. 533), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98 - Liability for Trafficking of Persons › Section 98.0025. Shareholder and Member Liability

Sec. 98.0025.  SHAREHOLDER AND MEMBER LIABILITY.  (a)  This section applies to a legal entity governed by Title 2, 3, or 7, Business Organizations Code.
(b) Notwithstanding any provision of the Business Organizations Code, if a legal entity described by Subsection (a) is liable under Section 98.002, a shareholder or member of that entity is jointly and severally liable with the entity to the person trafficked for damages arising from the trafficking of that person if the person demonstrates that the shareholder or member caused the entity to be used for the purpose of trafficking that person and did traffic that person for the direct personal benefit of the shareholder or member.
Added by Acts 2015, 84th Leg., R.S., Ch. 283 (H.B. 968), Sec. 1, eff. June 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98 - Liability for Trafficking of Persons › Section 98.003. Damages

Sec. 98.003.  DAMAGES.  (a)  A claimant who prevails in a suit under this chapter shall be awarded:
(1)  actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;
(2)  court costs; and
(3)  reasonable attorney's fees.
(b)  In addition to an award under Subsection (a), a claimant who prevails in a suit under this chapter may recover exemplary damages.
Added by Acts 2009, 81st Leg., R.S., Ch. 309 (H.B. 533), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98 - Liability for Trafficking of Persons › Section 98.004. Cause of Action Cumulative

Sec. 98.004.  CAUSE OF ACTION CUMULATIVE.  The cause of action created by this chapter is cumulative of any other remedy provided by common law or statute.
Added by Acts 2009, 81st Leg., R.S., Ch. 309 (H.B. 533), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98 - Liability for Trafficking of Persons › Section 98.005. Joint and Several Liability

Sec. 98.005.  JOINT AND SEVERAL LIABILITY.  A person who engages in the trafficking of persons or who intentionally or knowingly benefits from participating in a venture that traffics another person and is found liable under this chapter or other law for any amount of damages arising from the trafficking is jointly liable with any other defendant for the entire amount of damages arising from the trafficking.
Added by Acts 2009, 81st Leg., R.S., Ch. 309 (H.B. 533), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98 - Liability for Trafficking of Persons › Section 98.006. Liberal Construction and Application

Sec. 98.006.  LIBERAL CONSTRUCTION AND APPLICATION.  This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons from human trafficking and provide adequate remedies to victims of human trafficking.
Added by Acts 2009, 81st Leg., R.S., Ch. 309 (H.B. 533), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98 - Liability for Trafficking of Persons › Section 98.007. Confidential Identity in Certain Actions

Sec. 98.007.  CONFIDENTIAL IDENTITY IN CERTAIN ACTIONS.  (a)  In this section, "confidential identity" means:
(1)  the use of a pseudonym; and
(2)  the absence of any other identifying information, including address, telephone number, and social security number.
(b)  Except as otherwise provided by this section, in an action under this chapter, the court shall:
(1)  make it known to the claimant as early as possible in the proceedings of the action that the claimant may use a confidential identity in relation to the action;
(2)  allow a claimant to use a confidential identity in all petitions, filings, and other documents presented to the court;
(3)  use the confidential identity in all of the court's proceedings and records relating to the action, including any appellate proceedings; and
(4)  maintain the records relating to the action in a manner that protects the confidentiality of the claimant.
(c)  In an action under this chapter, only the following persons are entitled to know the true identifying information about the claimant:
(1)  the judge;
(2)  a party to the action;
(3)  the attorney representing a party to the action; and
(4)  a person authorized by a written order of a court specific to that person.
(d)  The court shall order that a person entitled to know the true identifying information under Subsection (c) may not divulge that information to anyone without a written order of the court.  A court shall hold a person who violates the order in contempt.
(e)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.
(f)  A claimant is not required to use a confidential identity as provided by this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98A - Liability for Compelled Prostitution and Certain Promotion of Prostitution › Section 98A.001. Definitions

Sec. 98A.001.  DEFINITIONS.  In this chapter:
(1)  "Advertisement" means any communication that promotes a commercial product or service, including a communication on an Internet website operated for a commercial purpose.
(1-a)  "Aggravated online promotion of prostitution" means conduct that constitutes an offense under Section 43.041, Penal Code.
(2)  "Aggravated promotion of prostitution" means conduct that constitutes an offense under Section 43.04, Penal Code.
(3)  "Compelled prostitution" means prostitution resulting from compelling prostitution.
(4)  "Compelling prostitution" means conduct that constitutes an offense under Section 43.05, Penal Code.
(4-a)  "Online promotion of prostitution" means conduct that constitutes an offense under Section 43.031, Penal Code.
(5)  "Promotion of prostitution" means conduct that constitutes an offense under Section 43.03, Penal Code.
(6)  "Prostitution" means conduct that constitutes an offense under Section 43.02, Penal Code.
(7)  "Victim of compelled prostitution" and "victim" mean a person who commits prostitution as a result of another person's compelling prostitution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 187 (S.B. 94), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.03, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98A - Liability for Compelled Prostitution and Certain Promotion of Prostitution › Section 98A.002. Liability

Sec. 98A.002.  LIABILITY.  (a)  A defendant is liable to a victim of compelled prostitution, as provided by this chapter, for damages arising from the compelled prostitution if the defendant:
(1)  engages in compelling prostitution with respect to the victim;
(2)  knowingly or intentionally engages in promotion of prostitution, online promotion of prostitution, aggravated promotion of prostitution, or aggravated online promotion of prostitution that results in compelling prostitution with respect to the victim; or
(3)  purchases an advertisement that the defendant knows or reasonably should know constitutes promotion of prostitution or aggravated promotion of prostitution, and the publication of the advertisement results in compelling prostitution with respect to the victim.
(b)  It is not a defense to liability under this chapter that:
(1)  the defendant:
(A)  is related to the victim by affinity or consanguinity, has been in a consensual sexual relationship with the victim, or has resided with the victim in a household; or
(B)  has paid or otherwise compensated the victim for prostitution; or
(2)  the victim:
(A)  voluntarily engaged in prostitution before or after the compelled prostitution occurred; or
(B)  did not attempt to escape, flee, or otherwise terminate contact with the defendant at the time the compelled prostitution allegedly occurred.
Added by Acts 2013, 83rd Leg., R.S., Ch. 187 (S.B. 94), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 3.04, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98A - Liability for Compelled Prostitution and Certain Promotion of Prostitution › Section 98A.003. Damages

Sec. 98A.003.  DAMAGES.  (a)  A claimant who prevails in a suit under this chapter shall be awarded:
(1)  actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;
(2)  court costs; and
(3)  reasonable attorney's fees.
(b)  In addition to an award under Subsection (a), a claimant who prevails in a suit under this chapter may recover exemplary damages.
Added by Acts 2013, 83rd Leg., R.S., Ch. 187 (S.B. 94), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98A - Liability for Compelled Prostitution and Certain Promotion of Prostitution › Section 98A.004. Cause of Action Cumulative

Sec. 98A.004.  CAUSE OF ACTION CUMULATIVE.  The cause of action created by this chapter is cumulative of any other remedy provided by common law or statute, except that a person may not recover damages in a suit under this chapter in which the cause of action is based on a transaction or occurrence that is the basis for a suit under Chapter 98.
Added by Acts 2013, 83rd Leg., R.S., Ch. 187 (S.B. 94), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98A - Liability for Compelled Prostitution and Certain Promotion of Prostitution › Section 98A.005. Joint and Several Liability

Sec. 98A.005.  JOINT AND SEVERAL LIABILITY.  A person who engages in conduct described by Section 98A.002 and is found liable under this chapter or other law for any amount of damages arising from that conduct is jointly and severally liable with any other defendant for the entire amount of damages arising from that conduct.
Added by Acts 2013, 83rd Leg., R.S., Ch. 187 (S.B. 94), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98A - Liability for Compelled Prostitution and Certain Promotion of Prostitution › Section 98A.006. Liberal Construction and Application

Sec. 98A.006.  LIBERAL CONSTRUCTION AND APPLICATION.  This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons from compelled prostitution and provide adequate remedies to victims of compelled prostitution.
Added by Acts 2013, 83rd Leg., R.S., Ch. 187 (S.B. 94), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98B - Unlawful Disclosure or Promotion of Intimate Visual Material › Section 98B.001. Definitions

Sec. 98B.001.  DEFINITIONS.  In this chapter:
(1)  "Intimate parts," "promote," "sexual conduct," and "visual material" have the meanings assigned by Section 21.16, Penal Code.
(2)  "Intimate visual material" means visual material that depicts a person:
(A)  with the person's intimate parts exposed; or
(B)  engaged in sexual conduct.
Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98B - Unlawful Disclosure or Promotion of Intimate Visual Material › Section 98B.002. Liability for Unlawful Disclosure or Promotion of Certain Intimate Visual Material

Sec. 98B.002.  LIABILITY FOR UNLAWFUL DISCLOSURE OR PROMOTION OF CERTAIN INTIMATE VISUAL MATERIAL.  (a)  A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the disclosure of the material if:
(1)  the defendant discloses the intimate visual material without the effective consent of the depicted person and with the intent to harm that person;
(2)  at the time of the disclosure, the defendant knows or has reason to believe that the intimate visual material was obtained by the defendant or created under circumstances in which the depicted person had a reasonable expectation that the material would remain private;
(3)  the disclosure of the intimate visual material causes harm to the depicted person; and
(4)  the disclosure of the intimate visual material reveals the identity of the depicted person in any manner, including through:
(A)  any accompanying or subsequent information or material related to the intimate visual material; or
(B)  information or material provided by a third party in response to the disclosure of the intimate visual material.
(b)  A defendant is liable, as provided by this chapter, to a person depicted in intimate visual material for damages arising from the promotion of the material if, knowing the character and content of the material, the defendant promotes intimate visual material described by Subsection (a) on an Internet website or other forum for publication that is owned or operated by the defendant.
Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 2, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1354 (H.B. 98), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98B - Unlawful Disclosure or Promotion of Intimate Visual Material › Section 98B.003. Damages

Sec. 98B.003.  DAMAGES.  (a)  A claimant who prevails in a suit under this chapter shall be awarded:
(1)  actual damages, including damages for mental anguish;
(2)  court costs; and
(3)  reasonable attorney's fees.
(b)  In addition to an award under Subsection (a), a claimant who prevails in a suit under this chapter may recover exemplary damages.
Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98B - Unlawful Disclosure or Promotion of Intimate Visual Material › Section 98B.004. Injunctive Relief

Sec. 98B.004.  INJUNCTIVE RELIEF.  (a)  A court in which a suit is brought under this chapter, on the motion of a party, may issue a temporary restraining order or a temporary or permanent injunction to restrain and prevent the disclosure or promotion of intimate visual material with respect to the person depicted in the material.
(b)  A court that issues a temporary restraining order or a temporary or permanent injunction under Subsection (a) may award to the party who brought the motion damages in the amount of:
(1)  $1,000 for each violation of the court's order or injunction, if the disclosure or promotion of intimate visual material is wilful or intentional; or
(2)  $500 for each violation of the court's order or injunction, if the disclosure or promotion of intimate visual material is not wilful or intentional.
Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98B - Unlawful Disclosure or Promotion of Intimate Visual Material › Section 98B.005. Cause of Action Cumulative

Sec. 98B.005.  CAUSE OF ACTION CUMULATIVE.  The cause of action created by this chapter is cumulative of any other remedy provided by common law or statute.
Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98B - Unlawful Disclosure or Promotion of Intimate Visual Material › Section 98B.006. Jurisdiction

Sec. 98B.006.  JURISDICTION.  A court has personal jurisdiction over a defendant in a suit brought under this chapter if:
(1)  the defendant resides in this state;
(2)  the claimant who is depicted in the intimate visual material resides in this state;
(3)  the intimate visual material is stored on a server that is located in this state; or
(4)  the intimate visual material is available for view in this state.
Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 98B - Unlawful Disclosure or Promotion of Intimate Visual Material › Section 98B.007. Liberal Construction and Application; Certain Conduct Excepted

Sec. 98B.007.  LIBERAL CONSTRUCTION AND APPLICATION; CERTAIN CONDUCT EXCEPTED.  (a)  This chapter shall be liberally construed and applied to promote its underlying purpose to protect persons from, and provide adequate remedies to victims of, the disclosure or promotion of intimate visual material.
(b)  This chapter does not apply to a claim brought against an interactive computer service, as defined by 47 U.S.C. Section 230, for a disclosure or promotion consisting of intimate visual material provided by another person.
Added by Acts 2015, 84th Leg., R.S., Ch. 852 (S.B. 1135), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 99 - Liability for Manufacture of Methamphetamine › Section 99.001. Applicability

Sec. 99.001.  APPLICABILITY.  This chapter applies only to a person who manufactures methamphetamine in violation of Section 481.112, Health and Safety Code, without regard to whether the person is convicted of the offense.
Added by Acts 2001, 77th Leg., ch. 643, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 99 - Liability for Manufacture of Methamphetamine › Section 99.002. Strict Liability for Damages Arising From Manufacture

Sec. 99.002.  STRICT LIABILITY FOR DAMAGES ARISING FROM MANUFACTURE.  A person who manufactures methamphetamine is strictly liable for damages for personal injury, death, or property damage arising from the manufacture.
Added by Acts 2001, 77th Leg., ch. 643, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 99 - Liability for Manufacture of Methamphetamine › Section 99.003. Strict Liability and Minimum Damages for Exposure

Sec. 99.003.  STRICT LIABILITY AND MINIMUM DAMAGES FOR EXPOSURE.  A person who manufactures methamphetamine is strictly liable for any exposure by an individual to the manufacturing process, including exposure to the methamphetamine itself or any of the byproducts or waste products incident to the manufacture, for the greater of:
(1)  actual damages for personal injury, death, or property damage as a result of the exposure; or
(2)  $20,000 for each incident of exposure.
Added by Acts 2001, 77th Leg., ch. 643, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 282 (H.B. 164), Sec. 1, eff. August 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 99 - Liability for Manufacture of Methamphetamine › Section 99.004. Joint and Several Liability

Sec. 99.004.  JOINT AND SEVERAL LIABILITY.  A person who manufactures methamphetamine and is found liable under this chapter or other law for any amount of damages arising from the manufacture is jointly liable with any other defendant for the entire amount of damages arising from the manufacture.
Added by Acts 2001, 77th Leg., ch. 643, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 99 - Liability for Manufacture of Methamphetamine › Section 99.005. Chapter 33 Does Not Apply

Sec. 99.005.  CHAPTER 33 DOES NOT APPLY.  Chapter 33 does not apply in an action for damages arising from the manufacture of methamphetamine.
Added by Acts 2001, 77th Leg., ch. 643, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 99 - Liability for Manufacture of Methamphetamine › Section 99.006. No Limitation on Exemplary Damages

Sec. 99.006.  NO LIMITATION ON EXEMPLARY DAMAGES.  Section 41.008(b) does not apply in an action for damages arising from the manufacture of methamphetamine.
Added by Acts 2001, 77th Leg., ch. 643, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 100 - Use of Force in Defense of Commercial Nuclear Power Plants › Section 100.001. Affirmative Defense

Text of section effective until January 01, 2025
Sec. 100.001.  AFFIRMATIVE DEFENSE.  It is an affirmative defense to a civil action for damages for personal injury or death brought against a person performing duties under Article 2.122(f), Code of Criminal Procedure, the person's employer, or the owner of a commercial nuclear power plant where the person was working, that at the time the cause of action arose the person was justified in using force under Chapter 9, Penal Code.
Added by Acts 2003, 78th Leg., ch. 1237, Sec. 4, eff. June 20, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.011, eff. January 1, 2025.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 100 - Use of Force in Defense of Commercial Nuclear Power Plants › Section 100.001. Affirmative Defense

Text of section effective on January 01, 2025
Sec. 100.001.  AFFIRMATIVE DEFENSE.  It is an affirmative defense to a civil action for damages for personal injury or death brought against a person performing duties under Article 2A.002(f), Code of Criminal Procedure, the person's employer, or the owner of a commercial nuclear power plant where the person was working, that at the time the cause of action arose the person was justified in using force under Chapter 9, Penal Code.
Added by Acts 2003, 78th Leg., ch. 1237, Sec. 4, eff. June 20, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.011, eff. January 1, 2025.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 100A - Limited Liability for Space Flight Activities › Section 100A.002. Limited Liability

Sec. 100A.002.  LIMITED LIABILITY.  (a)  Except as provided by this section, a space flight entity is not liable to any person for damages resulting from nuisance arising from testing, launching, reentering, or landing or subject to any claim for nuisance arising from testing, launching, reentering, or landing.
(b)  Except as provided by this section, a space flight entity is not liable to any person for a space flight participant injury or damages arising out of space flight activities if the space flight participant has signed the agreement required by Section 100A.003 and given written consent as required by 51 U.S.C. Section 50905.  This subsection does not limit liability for a space flight participant injury:
(1)  proximately caused by the space flight entity's gross negligence evidencing wilful or wanton disregard for the safety of the space flight participant; or
(2)  intentionally caused by the space flight entity.
(c)  This section precludes injunctive relief with respect to space flight activities.
(d)  This section does not:
(1)  limit liability for breach of a contract for use of real property by a space flight entity; or
(2)  preclude an action by a federal or state governmental entity to enforce a valid statute or regulation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 3 (S.B. 115), Sec. 1, eff. April 21, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 953 (H.B. 1791), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 100A - Limited Liability for Space Flight Activities › Section 100A.003. Warning Required

Sec. 100A.003.  WARNING REQUIRED.  (a)  A space flight participant must sign an agreement and warning statement before participating in any space flight activity.  The agreement must include the following language and any other language required by federal law:
AGREEMENT AND WARNING
I UNDERSTAND AND ACKNOWLEDGE THAT A SPACE FLIGHT ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF A SPACE FLIGHT PARTICIPANT RESULTING FROM SPACE FLIGHT ACTIVITIES.  I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM SPACE FLIGHT ACTIVITIES.
(b)  An agreement under Subsection (a) is considered effective and enforceable if it is:
(1)  in writing;
(2)  in a document separate from any other agreement between the space flight participant and the space flight entity other than a different warning, consent, or assumption of risk statement;
(3)  printed in not less than 10-point bold type;
(4)  signed by the space flight participant on behalf of the space flight participant and any heirs, executors, administrators, representatives, attorneys, successors, and assignees of the space flight participant; and
(5)  signed by a competent witness.
Added by Acts 2011, 82nd Leg., R.S., Ch. 3 (S.B. 115), Sec. 1, eff. April 21, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 953 (H.B. 1791), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 100A - Limited Liability for Space Flight Activities › Section 100A.004. Agreement Effective and Enforceable

Sec. 100A.004.  AGREEMENT EFFECTIVE AND ENFORCEABLE.  (a)  Except as provided by Subsection (b), an agreement between a space flight entity and a space flight participant limiting or otherwise affecting liability arising out of space flight activity is effective and enforceable and is not unconscionable or against public policy.
(b)  An agreement described by this section may not limit liability for an injury:
(1)  proximately caused by the space flight entity's gross negligence evidencing wilful or wanton disregard for the safety of the space flight participant; or
(2)  intentionally caused by a space flight entity.
Added by Acts 2011, 82nd Leg., R.S., Ch. 3 (S.B. 115), Sec. 1, eff. April 21, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter A. General Provisions › Section 101.002. Short Title

Sec. 101.002.  SHORT TITLE.  This chapter may be cited as the Texas Tort Claims Act.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter A. General Provisions › Section 101.003. Remedies Additional

Sec. 101.003.  REMEDIES ADDITIONAL.  The remedies authorized by this chapter are in addition to any other legal remedies.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter A. General Provisions › Section 101.004. Status of Medical Residents and Fellows

Sec. 101.004.  STATUS OF MEDICAL RESIDENTS AND FELLOWS.  For purposes of this chapter, a resident or fellow in a graduate medical training program for physicians that is sponsored by a governmental unit, including a medical and dental unit as defined by Section 61.003, Education Code, is considered to be an employee of a governmental unit regardless of the method or source of payment of the resident or fellow.
Added by Acts 2019, 86th Leg., R.S., Ch. 648 (S.B. 1755), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter B. Tort Liability of Governmental Units › Section 101.021. Governmental Liability

Sec. 101.021.  GOVERNMENTAL LIABILITY.  A governmental unit in the state is liable for:
(1)  property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:
(A)  the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment;  and
(B)  the employee would be personally liable to the claimant according to Texas law;  and
(2)  personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter B. Tort Liability of Governmental Units › Section 101.0211. No Liability for Joint Enterprise

Sec. 101.0211.  NO LIABILITY FOR JOINT ENTERPRISE.  (a) The common law doctrine of vicarious liability because of participation in a joint enterprise does not impose liability for a claim brought under this chapter on:
(1)  a water district created pursuant to either Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, Texas Constitution, regardless of how created; or
(2)  a municipality with respect to the use of a municipal airport for space flight activities as defined by Section 100A.001 unless the municipality would otherwise be liable under Section 101.021.
(b)  This section does not affect a limitation on liability or damages provided by this chapter, including a limitation under Section 101.023.
Added by Acts 2001, 77th Leg., ch. 1423, Sec. 35, eff. June 17, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 50 (H.B. 278), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter B. Tort Liability of Governmental Units › Section 101.022. Duty Owed: Premise and Special Defects

Sec. 101.022.  DUTY OWED:  PREMISE AND SPECIAL DEFECTS.  (a)  Except as provided in Subsection (c), if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant pays for the use of the premises.
(b)  The limitation of duty in this section does not apply to the duty to warn of special defects such as excavations or obstructions on highways, roads, or streets or to the duty to warn of the absence, condition, or malfunction of traffic signs, signals, or warning devices as is required by Section 101.060.
(c)  If a claim arises from a premise defect on a toll highway, road, or street, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.88, eff. June 14, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter B. Tort Liability of Governmental Units › Section 101.023. Limitation on Amount of Liability

Sec. 101.023.  LIMITATION ON AMOUNT OF LIABILITY.  (a)  Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(b)  Except as provided by Subsection (c), liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(c)  Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(d)  Except as provided by Section 78.001, liability of an emergency service organization under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.03, eff. Sept. 2, 1987;  Acts 1995, 74th Leg., ch. 827, Sec. 2, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 968, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter B. Tort Liability of Governmental Units › Section 101.024. Exemplary Damages

Sec. 101.024.  EXEMPLARY DAMAGES.  This chapter does not authorize exemplary damages.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter B. Tort Liability of Governmental Units › Section 101.025. Waiver of Governmental Immunity; Permission to Sue

Sec. 101.025.  WAIVER OF GOVERNMENTAL IMMUNITY;  PERMISSION TO SUE.  (a)  Sovereign immunity to suit is waived and abolished to the extent of liability created by this chapter.
(b)  A person having a claim under this chapter may sue a governmental unit for damages allowed by this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 5 - Governmental Liability › Chapter 101 - Tort Claims › Subchapter B. Tort Liability of Governmental Units › Section 101.026. Individual's Immunity Preserved

Sec. 101.026.  INDIVIDUAL'S IMMUNITY PRESERVED.  To the extent an employee has individual immunity from a tort claim for damages, it is not affected by this chapter.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.