reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 71 - Wrongful Death; Survival; Injuries Occurring Out of State › Subchapter C. Death or Injury Caused by Act or Omission Out of State › Section 71.031. Act or Omission Out of State

Sec. 71.031.  ACT OR OMISSION OUT OF STATE.  (a)  An action for damages for the death or personal injury of a citizen of this state, of the United States, or of a foreign country may be enforced in the courts of this state, although the wrongful act, neglect, or default causing the death or injury takes place in a foreign state or country, if:
(1)  a law of the foreign state or country or of this state gives a right to maintain an action for damages for the death or injury;
(2)  the action is begun in this state within the time provided by the laws of this state for beginning the action;
(3)  for a resident of a foreign state or country, the action is begun in this state within the time provided by the laws of the foreign state or country in which the wrongful act, neglect, or default took place;  and
(4)  in the case of a citizen of a foreign country, the country has equal treaty rights with the United States on behalf of its citizens.
(b)  Except as provided by Subsection (a), all matters pertaining to procedure in the prosecution or maintenance of the action in the courts of this state are governed by the law of this state.
(c)  The court shall apply the rules of substantive law that are appropriate under the facts of the case.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1997, 75th Leg., ch. 424, Sec. 3, eff. May 29, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 72 - Liability of Motor Vehicle Owner or Operator › Subchapter A. Liability to Guest › Section 72.001. Limited Liability

Sec. 72.001.  LIMITED LIABILITY.  A person who is related to the owner or operator of a motor vehicle within the second degree by consanguinity or affinity, as determined under Chapter 573, Government Code, and who is being transported in the motor vehicle over a public highway of this state as a guest without payment for the transportation has a cause of action against the owner or operator of the motor vehicle for injury, death, or loss in a collision only if the collision was intentional on the part of the owner or operator or was caused by the owner's or operator's heedlessness or reckless disregard of the rights of others.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1991, 72nd Leg., ch. 561, Sec. 7, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(27), eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 114, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 72 - Liability of Motor Vehicle Owner or Operator › Subchapter A. Liability to Guest › Section 72.002. Limitation Not Applicable

Sec. 72.002.  LIMITATION NOT APPLICABLE.  There is no limitation under this subchapter on the liability of an owner or operator who is not related to the guest within the second degree by consanguinity or affinity.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 72 - Liability of Motor Vehicle Owner or Operator › Subchapter A. Liability to Guest › Section 72.003. Effect on Other Liability

Sec. 72.003.  EFFECT ON OTHER LIABILITY.  (a)  This subchapter does not affect judicially developed or developing rules under which a person is or is not totally or partially immune from tort liability by virtue of family relationship.
(b)  This subchapter does not relieve the owner or operator of a motor vehicle being demonstrated to a prospective purchaser or relieve a public carrier of responsibility for injuries sustained by a passenger being transported.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 72 - Liability of Motor Vehicle Owner or Operator › Subchapter A. Liability to Guest › Section 72.004. Offset for Medical Expenses Paid

Sec. 72.004.  OFFSET FOR MEDICAL EXPENSES PAID.  (a)  The owner or operator or his liability insurance carrier is entitled to an offset against any award made to the guest on a liability claim in an amount equal to the amount paid by the owner, operator, or insurance carrier for medical expenses of the guest.
(b)  This section does not authorize a direct action against a liability insurance carrier.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 72 - Liability of Motor Vehicle Owner or Operator › Subchapter B. Actions Regarding Commercial Motor Vehicles › Section 72.051. Definitions

Sec. 72.051.  DEFINITIONS.  In this subchapter:
(1)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 141, eff. September 1, 2023.
(2)  "Civil action" means an action in which:
(A)  a claimant seeks recovery of damages for bodily injury or death caused in a collision; and
(B)  a defendant:
(i)  operated a commercial motor vehicle involved in the collision; or
(ii)  owned, leased, or otherwise held or exercised legal control over a commercial motor vehicle or operator of a commercial motor vehicle involved in the collision.
(3)  "Claimant" means a person, including a decedent's estate, seeking or who has sought recovery of damages in a civil action.  The term includes a plaintiff, counterclaimant, cross-claimant, third-party plaintiff, and an intervenor.  The term does not include a passenger in a commercial motor vehicle unless the person is an employee of the owner, lessor, lessee, or operator of the vehicle.
(3-a)  "Collision" means an event in which operating a commercial motor vehicle causes bodily injury or death.
(4)  "Commercial motor vehicle" means a motor vehicle being used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver or transport goods, or provide services.  The term does not include a motor vehicle being used at the time of the collision for personal, family, or household purposes.
(5)  "Compensatory damages" has the meaning assigned by Section 41.001.
(6)  "Employee" means a person who works for another person for compensation. The term includes a person deemed an employee under state or federal law and any other agent or person for whom an employer may be liable under respondeat superior.
(7)  "Exemplary damages" has the meaning assigned by Section 41.001.
(8)  "Motor vehicle" means a self-propelled device in which a person or property can be transported on a public highway.  The term includes a trailer when in use with a self-propelled device described by this subdivision.  The term does not include a device used exclusively upon stationary rails or tracks.
(9)  "Operated," "operating," and "operation," when used with respect to a commercial motor vehicle, means to cause the vehicle to move or function in any respect, including driving, stopping, or parking the vehicle or otherwise putting the vehicle into use or operation.  These terms include a commercial motor vehicle that has become disabled.
(10)  "Video" means an electronic representation of a sequence of images, with or without accompanying audio, depicting either stationary or moving scenes, regardless of the manner in which the sequence of images is captured, recorded, or stored.
Added by Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 4, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 115, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 141, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 72 - Liability of Motor Vehicle Owner or Operator › Subchapter B. Actions Regarding Commercial Motor Vehicles › Section 72.052. Bifurcated Trial in Certain Commercial Motor Vehicle Collision Actions

Sec. 72.052.  BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR VEHICLE COLLISION ACTIONS.  (a)  In a civil action under this subchapter, on motion by a defendant, the court shall provide for a bifurcated trial under this section.
(b)  A motion under this section shall be made on or before the later of:
(1)  the 120th day after the date the defendant bringing the motion files the defendant's original answer; or
(2)  the 30th day after the date a claimant files a pleading adding a claim or cause of action against the defendant bringing the motion.
(c)  The trier of fact shall determine liability for and the amount of compensatory damages in the first phase of a bifurcated trial under this section.
(d)  The trier of fact shall determine liability for and the amount of exemplary damages in the second phase of a bifurcated trial under this section.
(e)  For purposes of this section, a finding by the trier of fact in the first phase of a bifurcated trial that an employee defendant was negligent in operating an employer defendant's commercial motor vehicle may serve as a basis for the claimant to proceed in the second phase of the trial on a claim against the employer defendant, such as negligent entrustment, that requires a finding by the trier of fact that the employee was negligent in operating the vehicle as a prerequisite to the employer defendant being found negligent in relation to the employee defendant's operation of the vehicle. This subsection does not apply to a claimant who has pursued a claim described by this subsection in the first phase of a trial that is bifurcated under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 4, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 116, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 72 - Liability of Motor Vehicle Owner or Operator › Subchapter B. Actions Regarding Commercial Motor Vehicles › Section 72.053. Failure to Comply With Regulations or Standards

Sec. 72.053.  FAILURE TO COMPLY WITH REGULATIONS OR STANDARDS.  (a)  In this section, "regulation or standard" includes a statute, regulation, rule, or order regulating equipment or conduct adopted or promulgated by the federal government, a state government, a local government, or a governmental agency or authority.
(b)  In a civil action under this subchapter, evidence of a defendant's failure to comply with a regulation or standard is admissible in the first phase of a trial bifurcated under Section 72.052 only if, in addition to complying with other requirements of law:
(1)  the evidence tends to prove that failure to comply with the regulation or standard was a proximate cause of the bodily injury or death for which damages are sought in the action; and
(2)  the regulation or standard is specific and governs, or is an element of a duty of care applicable to, the defendant, the defendant's employee, or the defendant's property or equipment when any of those is at issue in the action.
(c)  Nothing in this section prevents a claimant from pursuing a claim for exemplary damages under Chapter 41 relating to the defendant's failure to comply with other applicable regulations or standards, or from presenting evidence on that claim in the second phase of a bifurcated trial.
Added by Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 72 - Liability of Motor Vehicle Owner or Operator › Subchapter B. Actions Regarding Commercial Motor Vehicles › Section 72.055. Admissibility of Visual Depictions of Collision

Sec. 72.055.  ADMISSIBILITY OF VISUAL DEPICTIONS OF COLLISION.  (a)  In a civil action under this subchapter, a court may not require expert testimony for admission into evidence of a photograph or video of a vehicle or object involved in a collision that is the subject of the action except as necessary to authenticate the photograph or video.
(b)  If properly authenticated under the Texas Rules of Evidence, a photograph or video of a vehicle or object involved in a collision that is the subject of a civil action under this subchapter is presumed admissible, even if the photograph or video tends to support or refute an assertion regarding the severity of damages or injury to an object or person involved in the collision.
Added by Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19), Sec. 4, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190), Sec. 118, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter A. General Provisions › Section 73.001. Elements of Libel

Sec. 73.001.  ELEMENTS OF LIBEL.  A libel is a defamation expressed in written or other graphic form that tends to blacken the memory of the dead or that tends to injure a living person's reputation and thereby expose the person to public hatred, contempt or ridicule, or financial injury or to impeach any person's honesty, integrity, virtue, or reputation or to publish the natural defects of anyone and thereby expose the person to public hatred, ridicule, or financial injury.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter A. General Provisions › Section 73.002. Privileged Matters

Sec. 73.002.  PRIVILEGED MATTERS.  (a)  The publication by a newspaper or other periodical of a matter covered by this section is privileged and is not a ground for a libel action.  This privilege does not extend to the republication of a matter if it is proved that the matter was republished with actual malice after it had ceased to be of public concern.
(b)  This section applies to:
(1)  a fair, true, and impartial account of:
(A)  a judicial proceeding, unless the court has prohibited publication of a matter because in its judgment the interests of justice demand that the matter not be published;
(B)  an official proceeding, other than a judicial proceeding, to administer the law;
(C)  an executive or legislative proceeding (including a proceeding of a legislative committee), a proceeding in or before a managing board of an educational or eleemosynary institution supported from the public revenue, of the governing body of a city or town, of a county commissioners court, and of a public school board or a report of or debate and statements made in any of those proceedings;  or
(D)  the proceedings of a public meeting dealing with a public purpose, including statements and discussion at the meeting or other matters of public concern occurring at the meeting;  and
(2)  reasonable and fair comment on or criticism of an official act of a public official or other matter of public concern published for general information.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter A. General Provisions › Section 73.003. Mitigating Factors

Sec. 73.003.  MITIGATING FACTORS.  (a)  To determine the extent and source of actual damages and to mitigate exemplary damages, the defendant in a libel action may give evidence of the following matters if they have been specially pleaded:
(1)  all material facts and circumstances surrounding the claim for damages and defenses to the claim;
(2)  all facts and circumstances under which the libelous publication was made;  and
(3)  any public apology, correction, or retraction of the libelous matter made and published by the defendant.
(b)  To mitigate exemplary damages, the defendant in a libel action may give evidence of the intention with which the libelous publication was made if the matter has been specially pleaded.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter A. General Provisions › Section 73.004. Liability of Broadcaster

Sec. 73.004.  LIABILITY OF BROADCASTER.  (a)  A broadcaster is not liable in damages for a defamatory statement published or uttered in or as a part of a radio or television broadcast by one other than the broadcaster unless the complaining party proves that the broadcaster failed to exercise due care to prevent the publication or utterance of the statement in the broadcast.
(b)  In this section, "broadcaster" means an owner, licensee, or operator of a radio or television station or network of stations and the agents and employees of the owner, licensee, or operator.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter A. General Provisions › Section 73.005. Truth a Defense

Sec. 73.005.  TRUTH A DEFENSE.  (a)  The truth of the statement in the publication on which an action for libel is based is a defense to the action.
(b)  In an action brought against a newspaper or other periodical or broadcaster, the defense described by Subsection (a) applies to an accurate reporting of allegations made by a third party regarding a matter of public concern.
(c)  This section does not abrogate or lessen any other remedy, right, cause of action, defense, immunity, or privilege available under the Constitution of the United States or this state or as provided by any statute, case, or common law or rule.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 191 (S.B. 627), Sec. 1, eff. May 28, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter A. General Provisions › Section 73.006. Other Defenses

Sec. 73.006.  OTHER DEFENSES.  This chapter does not affect the existence of common law, statutory law, or other defenses to libel.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.051. Short Title

Sec. 73.051.  SHORT TITLE.  This subchapter may be cited as the Defamation Mitigation Act.  This subchapter shall be liberally construed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.052. Purpose

Sec. 73.052.  PURPOSE.  The purpose of this subchapter is to provide a method for a person who has been defamed by a publication or broadcast to mitigate any perceived damage or injury.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.053. Definition

Sec. 73.053.  DEFINITION.  In this subchapter, "person" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity.  The term does not include a government or governmental subdivision, agency, or instrumentality.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.054. Applicability

Sec. 73.054.  APPLICABILITY.  (a)  This subchapter applies to a claim for relief, however characterized, from damages arising out of harm to personal reputation caused by the false content of a publication.
(b)  This subchapter applies to all publications, including writings, broadcasts, oral communications, electronic transmissions, or other forms of transmitting information.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.055. Request for Correction, Clarification, or Retraction

Sec. 73.055.  REQUEST FOR CORRECTION, CLARIFICATION, OR RETRACTION.  (a)  A person may maintain an action for defamation only if:
(1)  the person has made a timely and sufficient request for a correction, clarification, or retraction from the defendant; or
(2)  the defendant has made a correction, clarification, or retraction.
(b)  A request for a correction, clarification, or retraction is timely if made during the period of limitation for commencement of an action for defamation.
(c)  If not later than the 90th day after receiving knowledge of the publication, the person does not request a correction, clarification, or retraction, the person may not recover exemplary damages.
(d)  A request for a correction, clarification, or retraction is sufficient if it:
(1)  is served on the publisher;
(2)  is made in writing, reasonably identifies the person making the request, and is signed by the individual claiming to have been defamed or by the person's authorized attorney or agent;
(3)  states with particularity the statement alleged to be false and defamatory and, to the extent known, the time and place of publication;
(4)  alleges the defamatory meaning of the statement; and
(5)  specifies the circumstances causing a defamatory meaning of the statement if it arises from something other than the express language of the publication.
(e)  A period of limitation for commencement of an action under this section is tolled during the period allowed by Sections 73.056 and 73.057.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.056. Disclosure of Evidence of Falsity

Sec. 73.056.  DISCLOSURE OF EVIDENCE OF FALSITY.  (a)  A person who has been requested to make a correction, clarification, or retraction may ask the person making the request to provide reasonably available information regarding the falsity of the allegedly defamatory statement not later than the 30th day after the date the person receives the request.  Any information requested under this section must be provided by the person seeking the correction, clarification, or retraction not later than the 30th day after the date the person receives the request.
(b)  If a correction, clarification, or retraction is not made, a person who, without good cause, fails to disclose the information requested under Subsection (a) may not recover exemplary damages, unless the publication was made with actual malice.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.057. Timely and Sufficient Correction, Clarification, or Retraction

Sec. 73.057.  TIMELY AND SUFFICIENT CORRECTION, CLARIFICATION, OR RETRACTION.  (a)  A correction, clarification, or retraction is timely if it is made not later than the 30th day after receipt of:
(1)  the request for the correction, clarification, or retraction; or
(2)  the information requested under Section 73.056(a).
(b)  A correction, clarification, or retraction is sufficient if it is published in the same manner and medium as the original publication or, if that is not possible, with a prominence and in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of and:
(1)  is publication of an acknowledgment that the statement specified as false and defamatory is erroneous;
(2)  is an allegation that the defamatory meaning arises from other than the express language of the publication and the publisher disclaims an intent to communicate that meaning or to assert its truth;
(3)  is a statement attributed to another person whom the publisher identifies and the publisher disclaims an intent to assert the truth of the statement; or
(4)  is publication of the requestor's statement of the facts, as set forth in a request for correction, clarification, or retraction, or a fair summary of the statement, exclusive of any portion that is defamatory of another, obscene, or otherwise improper for publication.
(c)  If a request for correction, clarification, or retraction has specified two or more statements as false and defamatory, the correction, clarification, or retraction may deal with the statements individually in any manner provided by Subsection (b).
(d)  Except as provided by Subsection (e), a correction, clarification, or retraction is published with a prominence and in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of if:
(1)  it is published in a later issue, edition, or broadcast of the original publication;
(2)  publication is in the next practicable issue, edition, or broadcast of the original publication because the publication will not be published within the time limits established for a timely correction, clarification, or retraction; or
(3)  the original publication no longer exists and if the correction, clarification, or retraction is published in the newspaper with the largest general circulation in the region in which the original publication was distributed.
(e)  If the original publication was on the Internet, a correction, clarification, or retraction is published with a prominence and in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of if the publisher appends to the original publication the correction, clarification, or retraction.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.058. Challenges to Correction, Clarification, or Retraction or to Request for Correction, Clarification, or Retraction

Sec. 73.058.  CHALLENGES TO CORRECTION, CLARIFICATION, OR RETRACTION OR TO REQUEST FOR CORRECTION, CLARIFICATION, OR RETRACTION.  (a)  If a defendant in an action under this subchapter intends to rely on a timely and sufficient correction, clarification, or retraction, the defendant's intention to do so, and the correction, clarification, or retraction relied on, must be stated in a notice served on the plaintiff on the later of:
(1)  the 60th day after service of the citation; or
(2)  the 10th day after the date the correction, clarification, or retraction is made.
(b)  A correction, clarification, or retraction is timely and sufficient unless the plaintiff challenges the timeliness or sufficiency not later than the 20th day after the date notice under Subsection (a) is served.  If a plaintiff challenges the timeliness or sufficiency, the plaintiff must state the challenge in a motion to declare the correction, clarification, or retraction untimely or insufficient served not later than the 30th day after the date notice under Subsection (a) is served on the plaintiff or the 30th day after the date the correction, clarification, or retraction is made, whichever is later.
(c)  If a defendant intends to challenge the sufficiency or timeliness of a request for a correction, clarification, or retraction, the defendant must state the challenge in a motion to declare the request insufficient or untimely served not later than the 60th day after the date of service of the citation.
(d)  Unless there is a reasonable dispute regarding the actual contents of the request for correction, clarification, or retraction, the sufficiency and timeliness of a request for correction, clarification, or retraction is a question of law.  At the earliest appropriate time before trial, the court shall rule, as a matter of law, whether the request for correction, clarification, or retraction meets the requirements of this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.059. Effect of Correction, Clarification, or Retraction

Sec. 73.059.  EFFECT OF CORRECTION, CLARIFICATION, OR RETRACTION.  If a correction, clarification, or retraction is made in accordance with this subchapter, regardless of whether the person claiming harm made a request, a person may not recover exemplary damages unless the publication was made with actual malice.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.060. Scope of Protection

Sec. 73.060.  SCOPE OF PROTECTION.  A timely and sufficient correction, clarification, or retraction made by a person responsible for a publication constitutes a correction, clarification, or retraction made by all persons responsible for that publication but does not extend to an entity that republished the information.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.061. Admissibility of Evidence of Correction, Clarification, or Retraction

Sec. 73.061.  ADMISSIBILITY OF EVIDENCE OF CORRECTION, CLARIFICATION, OR RETRACTION.  (a)  A request for a correction, clarification, or retraction, the contents of the request, and the acceptance or refusal of the request are not admissible evidence at a trial.
(b)  The fact that a correction, clarification, or retraction was made and the contents of the correction, clarification, or retraction are not admissible in evidence at trial except in mitigation of damages under Section 73.003(a)(3).  If a correction, clarification, or retraction is received into evidence, the request for the correction, clarification, or retraction may also be received into evidence.
(c)  The fact that an offer of a correction, clarification, or retraction was made and the contents of the offer, and the fact that the correction, clarification, or retraction was refused, are not admissible in evidence at trial.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 73 - Libel › Subchapter B. Correction, Clarification, or Retraction by Publisher › Section 73.062. Abatement

Sec. 73.062.  ABATEMENT.  (a)  A person against whom a suit is pending who does not receive a written request for a correction, clarification, or retraction, as required by Section 73.055, may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the suit is pending.
(b)  A suit is automatically abated, in its entirety, without the order of the court, beginning on the 11th day after the date a plea in abatement is filed under Subsection (a) if the plea in abatement:
(1)  is verified and alleges that the person against whom the suit is pending did not receive the written request as required by Section 73.055; and
(2)  is not controverted in an affidavit filed by the person bringing the claim before the 11th day after the date on which the plea in abatement is filed.
(c)  An abatement under Subsection (b) continues until the 60th day after the date that the written request is served or a later date agreed to by the parties.  If a controverting affidavit is filed under Subsection (b)(2), a hearing on the plea in abatement will take place as soon as practical considering the court's docket.
(d)  All statutory and judicial deadlines under the Texas Rules of Civil Procedure relating to a suit abated under Subsection (b), other than those provided in this section, will be stayed during the pendency of the abatement period under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter A. General Provisions › Section 74.002. Conflict With Other Law and Rules of Civil Procedure

Sec. 74.002.  CONFLICT WITH OTHER LAW AND RULES OF CIVIL PROCEDURE.  (a)  In the event of a conflict between this chapter and another law, including a rule of procedure or evidence or court rule, this chapter controls to the extent of the conflict.
(b)  Notwithstanding Subsection (a), in the event of a conflict between this chapter and Section 101.023, 102.003, or 108.002, those sections of this code control to the extent of the conflict.
(c)  The district courts and statutory county courts in a county may not adopt local rules in conflict with this chapter.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter A. General Provisions › Section 74.003. Sovereign Immunity Not Waived

Sec. 74.003.  SOVEREIGN IMMUNITY NOT WAIVED.  This chapter does not waive sovereign immunity from suit or from liability.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter A. General Provisions › Section 74.004. Exception From Certain Laws

Sec. 74.004.  EXCEPTION FROM CERTAIN LAWS.  (a)  Notwithstanding any other law, Sections 17.41-17.63, Business & Commerce Code, do not apply to physicians or health care providers with respect to claims for damages for personal injury or death resulting, or alleged to have resulted, from negligence on the part of any physician or health care provider.
(b)  This section does not apply to pharmacists.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter B. Notice and Pleadings › Section 74.051. Notice

Sec. 74.051.  NOTICE.  (a)  Any person or his authorized agent asserting a health care liability claim shall give written notice of such claim by certified mail, return receipt requested, to each physician or health care provider against whom such claim is being made at least 60 days before the filing of a suit in any court of this state based upon a health care liability claim.  The notice must be accompanied by the authorization form for release of protected health information as required under Section 74.052.
(b)  In such pleadings as are subsequently filed in any court, each party shall state that it has fully complied with the provisions of this section and Section 74.052 and shall provide such evidence thereof as the judge of the court may require to determine if the provisions of this chapter have been met.
(c)  Notice given as provided in this chapter shall toll the applicable statute of limitations to and including a period of 75 days following the giving of the notice, and this tolling shall apply to all parties and potential parties.
(d)  All parties shall be entitled to obtain complete and unaltered copies of the patient's medical records from any other party within 45 days from the date of receipt of a written request for such records;  provided, however, that the receipt of a medical authorization in the form required by Section 74.052 executed by the claimant herein shall be considered compliance by the claimant with this subsection.
(e)  For the purposes of this section, and notwithstanding Chapter 159, Occupations Code, or any other law, a request for the medical records of a deceased person or a person who is incompetent shall be deemed to be valid if accompanied by an authorization in the form required by Section 74.052 signed by a parent, spouse, or adult child of the deceased or incompetent person.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter B. Notice and Pleadings › Section 74.053. Pleadings Not to State Damage Amount; Special Exception; Exclusion From Section

Sec. 74.053.  PLEADINGS NOT TO STATE DAMAGE AMOUNT;  SPECIAL EXCEPTION;  EXCLUSION FROM SECTION.  Pleadings in a suit based on a health care liability claim shall not specify an amount of money claimed as damages.  The defendant may file a special exception to the pleadings on the ground the suit is not within the court's jurisdiction, in which event the plaintiff shall inform the court and defendant in writing of the total dollar amount claimed.  This section does not prevent a party from mentioning the total dollar amount claimed in examining prospective jurors on voir dire or in argument to the court or jury.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter C. Informed Consent › Section 74.101. Theory of Recovery

Sec. 74.101.  THEORY OF RECOVERY.  In a suit against a physician or health care provider involving a health care liability claim that is based on the failure of the physician or health care provider to disclose or adequately disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or health care provider, the only theory on which recovery may be obtained is that of negligence in failing to disclose the risks or hazards that could have influenced a reasonable person in making a decision to give or withhold consent.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter C. Informed Consent › Section 74.103. Duties of Disclosure Panel

Sec. 74.103.  DUTIES OF DISCLOSURE PANEL.  (a)  To the extent feasible, the panel shall identify and make a thorough examination of all medical treatments and surgical procedures in which physicians and health care providers may be involved in order to determine which of those treatments and procedures do and do not require disclosure of the risks and hazards to the patient or person authorized to consent for the patient.
(b)  The panel shall prepare separate lists of those medical treatments and surgical procedures that do and do not require disclosure and, for those treatments and procedures that do require disclosure, shall establish the degree of disclosure required and the form in which the disclosure will be made.  Each provision of a disclosure form prepared under this subsection must be made available in English and Spanish.
(c)  Lists prepared under Subsection (b) together with written explanations of the degree and form of disclosure shall be published in the Texas Register.
(d)  At least annually, or at such other period the panel may determine from time to time, the panel will identify and examine any new medical treatments and surgical procedures that have been developed since its last determinations, shall assign them to the proper list, and shall establish the degree of disclosure required and the form in which the disclosure will be made.  The panel will also examine such treatments and procedures for the purpose of revising lists previously published.  These determinations shall be published in the Texas Register.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 307 (S.B. 555), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter C. Informed Consent › Section 74.104. Duty of Physician or Health Care Provider

Sec. 74.104.  DUTY OF PHYSICIAN OR HEALTH CARE PROVIDER.  Before a patient or a person authorized to consent for a patient gives consent to any medical care or surgical procedure that appears on the disclosure panel's list requiring disclosure, the physician or health care provider shall disclose to the patient or person authorized to consent for the patient the risks and hazards involved in that kind of care or procedure.  A physician or health care provider shall be considered to have complied with the requirements of this section if disclosure is made as provided in Section 74.105.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter C. Informed Consent › Section 74.105. Manner of Disclosure

Sec. 74.105.  MANNER OF DISCLOSURE.  Consent to medical care that appears on the disclosure panel's list requiring disclosure shall be considered effective under this chapter if it is given in writing, signed by the patient or a person authorized to give the consent and by a competent witness, and if the written consent specifically states the risks and hazards that are involved in the medical care or surgical procedure in the form and to the degree required by the disclosure panel under Section 74.103.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter C. Informed Consent › Section 74.106. Effect of Disclosure

Sec. 74.106.  EFFECT OF DISCLOSURE.  (a)  In a suit against a physician or health care provider involving a health care liability claim that is based on the negligent failure of the physician or health care provider to disclose or adequately disclose the risks and hazards involved in the medical care or surgical procedure rendered by the physician or health care provider:
(1)  both disclosure made as provided in Section 74.104 and failure to disclose based on inclusion of any medical care or surgical procedure on the panel's list for which disclosure is not required shall be admissible in evidence and shall create a rebuttable presumption that the requirements of Sections 74.104 and 74.105 have been complied with and this presumption shall be included in the charge to the jury;  and
(2)  failure to disclose the risks and hazards involved in any medical care or surgical procedure required to be disclosed under Sections 74.104 and 74.105 shall be admissible in evidence and shall create a rebuttable presumption of a negligent failure to conform to the duty of disclosure set forth in Sections 74.104 and 74.105, and this presumption shall be included in the charge to the jury;  but failure to disclose may be found not to be negligent if there was an emergency or if for some other reason it was not medically feasible to make a disclosure of the kind that would otherwise have been negligence.
(b)  If medical care or surgical procedure is rendered with respect to which the disclosure panel has made no determination either way regarding a duty of disclosure, the physician or health care provider is under the duty otherwise imposed by law.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter C. Informed Consent › Section 74.107. Informed Consent for Hysterectomies

Sec. 74.107.  INFORMED CONSENT FOR HYSTERECTOMIES.  (a)  The disclosure panel shall develop and prepare written materials to inform a patient or person authorized to consent for a patient of the risks and hazards of a hysterectomy.
(b)  The materials shall be available in English, Spanish, and any other language the panel considers appropriate.  The information must be presented in a manner understandable to a layperson.
(c)  The materials must include:
(1)  a notice that a decision made at any time to refuse to undergo a hysterectomy will not result in the withdrawal or withholding of any benefits provided by programs or projects receiving federal funds or otherwise affect the patient's right to future care or treatment;
(2)  the name of the person providing and explaining the materials;
(3)  a statement that the patient or person authorized to consent for the patient understands that the hysterectomy is permanent and nonreversible and that the patient will not be able to become pregnant or bear children if she undergoes a hysterectomy;
(4)  a statement that the patient has the right to seek a consultation from a second physician;
(5)  a statement that the patient or person authorized to consent for the patient has been informed that a hysterectomy is a removal of the uterus through an incision in the lower abdomen or vagina and that additional surgery may be necessary to remove or repair other organs, including an ovary, tube, appendix, bladder, rectum, or vagina;
(6)  a description of the risks and hazards involved in the performance of the procedure;  and
(7)  a written statement to be signed by the patient or person authorized to consent for the patient indicating that the materials have been provided and explained to the patient or person authorized to consent for the patient and that the patient or person authorized to consent for the patient understands the nature and consequences of a hysterectomy.
(d)  The physician or health care provider shall obtain informed consent under this section and Section 74.104 from the patient or person authorized to consent for the patient before performing a hysterectomy unless the hysterectomy is performed in a life-threatening situation in which the physician determines obtaining informed consent is not reasonably possible.  If obtaining informed consent is not reasonably possible, the physician or health care provider shall include in the patient's medical records a written statement signed by the physician certifying the nature of the emergency.
(e)  The disclosure panel may not prescribe materials under this section without first consulting with the Texas State Board of Medical Examiners.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.