reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter D. Emergency Care › Section 74.151. Liability for Emergency Care

Sec. 74.151.  LIABILITY FOR EMERGENCY CARE.  (a)  A person who in good faith administers emergency care is not liable in civil damages for an act performed during the emergency unless the act is wilfully or wantonly negligent, including a person who:
(1)  administers emergency care using an automated external defibrillator; or
(2)  administers emergency care as a volunteer who is a first responder as the term is defined under Section 421.095, Government Code.
(b)  This section does not apply to care administered:
(1)  for or in expectation of remuneration, provided that being legally entitled to receive remuneration for the emergency care rendered shall not determine whether or not the care was administered for or in anticipation of remuneration;  or
(2)  by a person who was at the scene of the emergency because he or a person he represents as an agent was soliciting business or seeking to perform a service for remuneration.
(c), (d) Deleted by Acts 2003, 78th Leg., ch. 204, Sec. 10.01.
(e)  Except as provided by this subsection, this section does not apply to a person whose negligent act or omission was a producing cause of the emergency for which care is being administered.  This subsection does not apply to liability of a school district or district school officer or employee arising from an act or omission under a program or practice or procedure developed under Subchapter G, Chapter 38, Education Code, other than liability arising from wilful or intentional misconduct.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 960, Sec. 1, eff. Aug. 30, 1993;  Acts 1999, 76th Leg., ch. 679, Sec. 2, eff. Sept. 1, 1999.  Renumbered from Sec. 74.001 and amended by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 705 (H.B. 2117), Sec. 1, eff. June 15, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1321 (S.B. 460), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 352 (H.B. 18), Sec. 3.01, eff. December 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter D. Emergency Care › Section 74.152. Unlicensed Medical Personnel

Sec. 74.152.   UNLICENSED MEDICAL PERSONNEL.  Persons not licensed or certified in the healing arts who in good faith administer emergency care as emergency medical service personnel are not liable in civil damages for an act performed in administering the care unless the act is wilfully or wantonly negligent.  This section applies without regard to whether the care is provided for or in expectation of remuneration.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Renumbered from Sec. 74.002 and amended 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 D. Emergency Care › Section 74.153. Standard of Proof in Cases Involving Emergency Medical Care

Sec. 74.153.  STANDARD OF PROOF IN CASES INVOLVING EMERGENCY MEDICAL CARE.  (a)  Except as provided by Subsection (b), in a suit involving a health care liability claim against a physician or health care provider for injury to or death of a patient arising out of the provision of emergency medical care in a hospital emergency department, in an obstetrical unit, or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, the claimant bringing the suit may prove that the treatment or lack of treatment by the physician or health care provider departed from accepted standards of medical care or health care only if the claimant shows by a preponderance of the evidence that the physician or health care provider, with willful and wanton negligence, deviated from the degree of care and skill that is reasonably expected of an ordinarily prudent physician or health care provider in the same or similar circumstances.
(b)  Subsection (a) does not apply to:
(1)  medical care or treatment:
(A)  provided after the patient is:
(i)  stabilized; and
(ii)  receiving medical care or treatment as a nonemergency patient; or
(B)  that is unrelated to a medical emergency; or
(2)  a physician or health care provider whose negligent act or omission proximately causes a stable patient to require emergency medical care.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1364 (H.B. 2362), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter D. Emergency Care › Section 74.154. Jury Instructions in Cases Involving Emergency Medical Care

Sec. 74.154.  JURY INSTRUCTIONS IN CASES INVOLVING EMERGENCY MEDICAL CARE.  (a)  In an action for damages that involves a claim of negligence arising from the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, the court shall instruct the jury to consider, together with all other relevant matters:
(1)  whether the person providing care did or did not have the patient's medical history or was able or unable to obtain a full medical history, including the knowledge of preexisting medical conditions, allergies, and medications;
(2)  the presence or lack of a preexisting physician-patient relationship or health care provider-patient relationship;
(3)  the circumstances constituting the emergency;  and
(4)  the circumstances surrounding the delivery of the emergency medical care.
(b)  The provisions of Subsection (a) do not apply to medical care or treatment:
(1)  that occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient;
(2)  that is unrelated to the original medical emergency;  or
(3)  that is related to an emergency caused in whole or in part by the negligence of the defendant.
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 E. Res Ipsa Loquitur › Section 74.201. Application of Res Ipsa Loquitur

Sec. 74.201.  APPLICATION OF RES IPSA LOQUITUR.  The common law doctrine of res ipsa loquitur shall only apply to health care liability claims against health care providers or physicians in those cases to which it has been applied by the appellate courts of this state as of August 29, 1977.
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 F. Statute of Limitations › Section 74.251. Statute of Limitations on Health Care Liability Claims

Sec. 74.251.  STATUTE OF LIMITATIONS ON HEALTH CARE LIABILITY CLAIMS.  (a)  Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed;  provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim.  Except as herein provided this section applies to all persons regardless of minority or other legal disability.
(b)  A claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim.  This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter G. Liability Limits › Section 74.301. Limitation on Noneconomic Damages

Sec. 74.301.  LIMITATION ON NONECONOMIC DAMAGES.  (a)  In an action on a health care liability claim where final judgment is rendered against a physician or health care provider other than a health care institution, the limit of civil liability for noneconomic damages of the physician or health care provider other than a health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant, regardless of the number of defendant physicians or health care providers other than a health care institution against whom the claim is asserted or the number of separate causes of action on which the claim is based.
(b)  In an action on a health care liability claim where final judgment is rendered against a single health care institution, the limit of civil liability for noneconomic damages inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant.
(c)  In an action on a health care liability claim where final judgment is rendered against more than one health care institution, the limit of civil liability for noneconomic damages for each health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant and the limit of civil liability for noneconomic damages for all health care institutions, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $500,000 for each claimant.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter G. Liability Limits › Section 74.303. Limitation on Damages

Sec. 74.303.  LIMITATION ON DAMAGES.  (a)  In a wrongful death or survival action on a health care liability claim where final judgment is rendered against a physician or health care provider, the limit of civil liability for all damages, including exemplary damages, shall be limited to an amount not to exceed $500,000 for each claimant, regardless of the number of defendant physicians or health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based.
(b)  When there is an increase or decrease in the consumer price index with respect to the amount of that index on August 29, 1977, the liability limit prescribed in Subsection (a) shall be increased or decreased, as applicable, by a sum equal to the amount of such limit multiplied by the percentage increase or decrease in the consumer price index, as published by the Bureau of Labor Statistics of the United States Department of Labor, that measures the average changes in prices of goods and services purchased by urban wage earners and clerical workers' families and single workers living alone (CPI-W:  Seasonally Adjusted U.S. City Average--All Items), between August 29, 1977, and the time at which damages subject to such limits are awarded by final judgment or settlement.
(c)  Subsection (a) does not apply to the amount of damages awarded on a health care liability claim for the expenses of necessary medical, hospital, and custodial care received before judgment or required in the future for treatment of the injury.
(d)  The liability of any insurer under the common law theory of recovery commonly known in Texas as the "Stowers Doctrine" shall not exceed the liability of the insured.
(e)  In any action on a health care liability claim that is tried by a jury in any court in this state, the following shall be included in the court's written instructions to the jurors:
(1)  "Do not consider, discuss, nor speculate whether or not liability, if any, on the part of any party is or is not subject to any limit under applicable law."
(2)  "A finding of negligence may not be based solely on evidence of a bad result to the claimant in question, but a bad result may be considered by you, along with other evidence, in determining the issue of negligence.  You are the sole judges of the weight, if any, to be given to this kind of evidence."
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter H. Procedural Provisions › Section 74.353. Preliminary Determination for Expert Report Requirement

Sec. 74.353.  PRELIMINARY DETERMINATION FOR EXPERT REPORT REQUIREMENT.  (a)  On motion of a claimant filed not later than 30 days after the date each defendant's original answer is filed, a court may issue a preliminary determination regarding whether a claim made by the claimant is a health care liability claim for the purposes of Section 74.351.
(b)  If a court determines under Subsection (a) or (c) that a claim is a health care liability claim for purposes of Section 74.351, the claimant shall serve an expert report as required by Section 74.351 not later than the later of:
(1)  120 days after the date each defendant's original answer is filed;
(2)  60 days after the date the court issues the preliminary determination under Subsection (a) or (c); or
(3)  a date agreed to in writing by the affected parties.
(c)  If a court does not issue a preliminary determination under Subsection (a) before the 91st day after the date that a claimant files a motion under that subsection, the court shall issue a preliminary determination that the claim is a health care liability claim for the purposes of Section 74.351.
(d)  A preliminary determination under this section is subject to interlocutory appeal by either the claimant or defendant.
(e)  If on interlocutory appeal an appellate court reverses a trial court's preliminary determination that a claim is not a health care liability claim, the claimant shall serve an expert report as required by Section 74.351 not later than 120 days after the date that the appellate court issues an opinion reversing the preliminary determination.
(f)  A preliminary determination under this section applies only to the issue of whether a claimant is required to serve an expert report under Section 74.351.
Added by Acts 2021, 87th Leg., R.S., Ch. 167 (S.B. 232), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter J. Arbitration Agreements › Section 74.451. Arbitration Agreements

Sec. 74.451.  ARBITRATION AGREEMENTS.  (a)  No physician, professional association of physicians, or other health care provider shall request or require a patient or prospective patient to execute an agreement to arbitrate a health care liability claim unless the form of agreement delivered to the patient contains a written notice in 10-point boldface type clearly and conspicuously stating:
UNDER TEXAS LAW, THIS AGREEMENT IS INVALID AND OF NO LEGAL EFFECT UNLESS IT IS ALSO SIGNED BY AN ATTORNEY OF YOUR OWN CHOOSING. THIS AGREEMENT CONTAINS A WAIVER OF IMPORTANT LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY. YOU SHOULD NOT SIGN THIS AGREEMENT WITHOUT FIRST CONSULTING WITH AN ATTORNEY.
(b)  A violation of this section by a physician or professional association of physicians constitutes a violation of Subtitle B, Title 3, Occupations Code, and shall be subject to the enforcement provisions and sanctions contained in that subtitle.
(c)  A violation of this section by a health care provider other than a physician shall constitute a false, misleading, or deceptive act or practice in the conduct of trade or commerce within the meaning of Section 17.46 of the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code), and shall be subject to an enforcement action by the consumer protection division under that act and subject to the penalties and remedies contained in Section 17.47, Business & Commerce Code, notwithstanding Section 74.004 or any other law.
(d)  Notwithstanding any other provision of this section, a person who is found to be in violation of this section for the first time shall be subject only to injunctive relief or other appropriate order requiring the person to cease and desist from such violation, and not to any other penalty or sanction.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter K. Payment for Future Losses › Section 74.501. Definitions

Sec. 74.501.  DEFINITIONS.  In this subchapter:
(1)  "Future damages" means damages that are incurred after the date of judgment for:
(A)  medical, health care, or custodial care services;
(B)  physical pain and mental anguish, disfigurement, or physical impairment;
(C)  loss of consortium, companionship, or society;  or
(D)  loss of earnings.
(2)  "Future loss of earnings" means the following losses incurred after the date of the judgment:
(A)  loss of income, wages, or earning capacity and other pecuniary losses;  and
(B)  loss of inheritance.
(3)  "Periodic payments" means the payment of money or its equivalent to the recipient of future damages at defined intervals.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter K. Payment for Future Losses › Section 74.502. Scope of Subchapter

Sec. 74.502.  SCOPE OF SUBCHAPTER.  This subchapter applies only to an action on a health care liability claim against a physician or health care provider in which the present value of the award of future damages, as determined by the court, equals or exceeds $100,000.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter K. Payment for Future Losses › Section 74.503. Court Order for Periodic Payments

Sec. 74.503.  COURT ORDER FOR PERIODIC PAYMENTS.  (a)  At the request of a defendant physician or health care provider or claimant, the court shall order that medical, health care, or custodial services awarded in a health care liability claim be paid in whole or in part in periodic payments rather than by a lump-sum payment.
(b)  At the request of a defendant physician or health care provider or claimant, the court may order that future damages other than medical, health care, or custodial services awarded in a health care liability claim be paid in whole or in part in periodic payments rather than by a lump sum payment.
(c)  The court shall make a specific finding of the dollar amount of periodic payments that will compensate the claimant for the future damages.
(d)  The court shall specify in its judgment ordering the payment of future damages by periodic payments the:
(1)  recipient of the payments;
(2)  dollar amount of the payments;
(3)  interval between payments;  and
(4)  number of payments or the period of time over which payments must be made.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter K. Payment for Future Losses › Section 74.504. Release

Sec. 74.504.  RELEASE.  The entry of an order for the payment of future damages by periodic payments constitutes a release of the health care liability claim filed by the claimant.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter K. Payment for Future Losses › Section 74.505. Financial Responsibility

Sec. 74.505.  FINANCIAL RESPONSIBILITY.  (a)  As a condition to authorizing periodic payments of future damages, the court shall require a defendant who is not adequately insured to provide evidence of financial responsibility in an amount adequate to assure full payment of damages awarded by the judgment.
(b)  The judgment must provide for payments to be funded by:
(1)  an annuity contract issued by a company licensed to do business as an insurance company, including an assignment within the meaning of Section 130, Internal Revenue Code of 1986, as amended;
(2)  an obligation of the United States;
(3)  applicable and collectible liability insurance from one or more qualified insurers;  or
(4)  any other satisfactory form of funding approved by the court.
(c)  On termination of periodic payments of future damages, the court shall order the return of the security, or as much as remains, to the defendant.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter K. Payment for Future Losses › Section 74.506. Death of Recipient

Sec. 74.506.  DEATH OF RECIPIENT.  (a)  On the death of the recipient, money damages awarded for loss of future earnings continue to be paid to the estate of the recipient of the award without reduction.
(b)  Periodic payments, other than future loss of earnings, terminate on the death of the recipient.
(c)  If the recipient of periodic payments dies before all payments required by the judgment are paid, the court may modify the judgment to award and apportion the unpaid damages for future loss of earnings in an appropriate manner.
(d)  Following the satisfaction or termination of any obligations specified in the judgment for periodic payments, any obligation of the defendant physician or health care provider to make further payments ends and any security given reverts to the defendant.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter K. Payment for Future Losses › Section 74.507. Award of Attorney's Fees

Sec. 74.507.  AWARD OF ATTORNEY'S FEES.  For purposes of computing the award of attorney's fees when the claimant is awarded a recovery that will be paid in periodic payments, the court shall:
(1)  place a total value on the payments based on the claimant's projected life expectancy;  and
(2)  reduce the amount in Subdivision (1) to present value.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter L. Actions Arising From Pregnancy Complications › Section 74.551. Application

Sec. 74.551.  APPLICATION.  An action to which Section 74.552 applies is a health care liability claim for purposes of this chapter and is subject to the same requirements as any other health care liability claim.
Added by Acts 2023, 88th Leg., R.S., Ch. 913 (H.B. 3058), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74 - Medical Liability › Subchapter L. Actions Arising From Pregnancy Complications › Section 74.552. Affirmative Defense in Certain Actions Arising From Certain Pregnancy Complications

Sec. 74.552.  AFFIRMATIVE DEFENSE IN CERTAIN ACTIONS ARISING FROM CERTAIN PREGNANCY COMPLICATIONS.  (a) It is an affirmative defense to liability in a civil action brought against a physician or health care provider for a violation of Section 170A.002, Health and Safety Code, including an action to recover a civil penalty under Section 170A.005, Health and Safety Code, that the physician or health care provider exercised reasonable medical judgment in providing medical treatment to a pregnant woman in response to:
(1)  an ectopic pregnancy at any location; or
(2)  a previable premature rupture of membranes.
(b)  A pharmacist or pharmacy that receives, processes, or dispenses a prescription drug or medication order written by a physician or health care provider to whom Subsection (a) applies is entitled to the affirmative defense provided by Subsection (a).
(c)  This section does not create a civil cause of action.
Added by Acts 2023, 88th Leg., R.S., Ch. 913 (H.B. 3058), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74A - Limitation of Liability Relating to Health Information Exchanges › Section 74A.001. Definitions

Sec. 74A.001.  DEFINITIONS.  In this chapter:
(1)  "Gross negligence" has the meaning assigned by Section 41.001.
(2)  "Health care provider" means any individual, partnership, professional association, corporation, facility, or institution duly licensed, certified, registered, or chartered by this state to provide health care or medical care, including a physician.  The term includes:
(A)  an officer, director, shareholder, member, partner, manager, owner, or affiliate of a physician or other health care provider; and
(B)  an employee, independent contractor, or agent of a physician or other health care provider acting in the course and scope of the employment or contractual relationship.
(3)  "Health information exchange" has the meaning assigned by Section 182.151, Health and Safety Code.  The term includes:
(A)  an officer, director, shareholder, member, partner, manager, owner, or affiliate of the health information exchange; and
(B)  an employee, independent contractor, or agent of the health information exchange acting in the course and scope of the employment or contractual relationship.
(4)  "Malice" has the meaning assigned by Section 41.001.
(5)  "Physician" means:
(A)  an individual licensed to practice medicine in this state under Subtitle B, Title 3, Occupations Code;
(B)  a professional association organized by an individual physician or a group of physicians;
(C)  a partnership or limited liability partnership formed by a group of physicians;
(D)  a limited liability company formed by a group of physicians;
(E)  a nonprofit health corporation certified by the Texas Medical Board under Chapter 162, Occupations Code; or
(F)  a single legal entity authorized to practice medicine in this state owned by a group of physicians.
Added by Acts 2015, 84th Leg., R.S., Ch. 1085 (H.B. 2641), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74A - Limitation of Liability Relating to Health Information Exchanges › Section 74A.002. Limitation on Liability of Health Care Providers Relating to Health Information Exchanges

Sec. 74A.002.  LIMITATION ON LIABILITY OF HEALTH CARE PROVIDERS RELATING TO HEALTH INFORMATION EXCHANGES. (a) Unless the health care provider acts with malice or gross negligence, a health care provider who provides patient information to a health information exchange is not liable for any damages, penalties, or other relief related to the obtainment, use, or disclosure of that information in violation of federal or state privacy laws by a health information exchange, another health care provider, or any other person.
(b)  Nothing in this section may be construed to create a cause of action or to create a standard of care, obligation, or duty that forms the basis for a cause of action.
Added by Acts 2015, 84th Leg., R.S., Ch. 1085 (H.B. 2641), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 74A - Limitation of Liability Relating to Health Information Exchanges › Section 74A.003. Applicability of Other Law

Sec. 74A.003.  APPLICABILITY OF OTHER LAW.  The protections, immunities, and limitations of liability provided by this chapter are in addition to any other protections, immunities, and limitations of liability provided by other law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1085 (H.B. 2641), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75 - Limitation of Landowners' Liability › Section 75.001. Definitions

Sec. 75.001.  DEFINITIONS.  In this chapter:
(1)  "Agricultural land" means land that is located in this state and that is suitable for:
(A)  use in production of plants and fruits grown for human or animal consumption, or plants grown for the production of fibers, floriculture, viticulture, horticulture, or planting seed;
(B)  forestry and the growing of trees for the purpose of rendering those trees into lumber, fiber, or other items used for industrial, commercial, or personal consumption;  or
(C)  domestic or native farm or ranch animals kept for use or profit.
(2)  "Premises" includes land, roads, water, watercourse, private ways, and buildings, structures, machinery, and equipment attached to or located on the land, road, water, watercourse, or private way.
(3)  "Recreation" means an activity such as:
(A)  hunting;
(B)  fishing;
(C)  swimming;
(D)  boating;
(E)  camping;
(F)  picnicking;
(G)  hiking;
(H)  pleasure driving, including off-road motorcycling and off-road automobile driving and the use of off-highway vehicles;
(I)  nature study, including bird-watching;
(J)  cave exploration;
(K)  waterskiing and other water sports;
(L)  any other activity associated with enjoying nature or the outdoors;
(M)  bicycling and mountain biking;
(N)  disc golf;
(O)  on-leash and off-leash walking of dogs;
(P)  radio control flying and related activities; or
(Q)  rock climbing.
(4)  "Governmental unit" has the meaning assigned by Section 101.001.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 62, Sec. 1, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 736, Sec. 1, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 520, Sec. 1, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 56, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 116 (S.B. 1224), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 932 (H.B. 616), Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 659 (H.B. 1183), Sec. 1, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1071 (H.B. 2303), Sec. 1, eff. June 19, 2015.
Acts 2019, 86th Leg., R.S., Ch. 740 (H.B. 687), Sec. 1, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 959 (S.B. 230), Sec. 1, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1233 (H.B. 1548), Sec. 2, eff. June 14, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75 - Limitation of Landowners' Liability › Section 75.0025. Limited Liability of Persons Allowing Certain Uses of Land

Sec. 75.0025.  LIMITED LIABILITY OF PERSONS ALLOWING CERTAIN USES OF LAND.  (a) In this section, "community garden" means the premises used for recreational gardening by a group of people residing in a neighborhood or community for the purpose of providing fresh produce for the benefit of the residents of the neighborhood or community.
(b)  An owner, lessee, or occupant of land that gives permission to another person to enter and use the land as a community garden does not by giving that permission:
(1)  ensure that the premises are safe; or
(2)  assume responsibility or incur any liability for:
(A)  damages arising from or related to any bodily or other personal injury to or death of any person who enters the premises for a purpose related to a community garden;
(B)  property damage sustained by any person who enters the premises for a purpose related to a community garden; or
(C)  an act of a third party that occurs on the premises.
(c)  The doctrine of attractive nuisance does not apply to a claim that is subject to this section.
(d)  This section does not limit the liability of an owner, lessee, or occupant of land for an injury caused by wilful or wanton acts or gross negligence by the owner, lessee, or occupant.
(e)  An owner, lessee, or occupant of land that allows the use of the premises as a community garden shall post and maintain a clearly readable sign in a clearly visible location on or near the premises.  The sign must contain the following warning language:
WARNING
TEXAS LAW (CHAPTER 75, CIVIL PRACTICE AND REMEDIES CODE) LIMITS THE LIABILITY OF THE LANDOWNER, LESSEE, OR OCCUPANT FOR DAMAGES ARISING FROM THE USE OF THIS PROPERTY AS A COMMUNITY GARDEN.
Added by Acts 2015, 84th Leg., R.S., Ch. 679 (H.B. 262), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75 - Limitation of Landowners' Liability › Section 75.003. Application and Effect of Chapter

Sec. 75.003.  APPLICATION AND EFFECT OF CHAPTER.  (a)  This chapter does not relieve any owner, lessee, or occupant of real property of any liability that would otherwise exist for deliberate, wilful, or malicious injury to a person or to property.
(b)  This chapter does not affect the doctrine of attractive nuisance, except:
(1)  as provided by Section 75.0022(g) or 75.0025(c); and
(2)  the doctrine of attractive nuisance may not be the basis for liability of an owner, lessee, or occupant of agricultural land for any injury to a trespasser over the age of 16 years.
(c)  Except for a governmental unit, this chapter applies only to an owner, lessee, or occupant of real property who:
(1)  does not charge for entry to the premises;
(2)  charges for entry to the premises, but whose total charges collected in the previous calendar year for all recreational use of the entire premises of the owner, lessee, or occupant are not more than 20 times the total amount of ad valorem taxes imposed on the premises for the previous calendar year;  or
(3)  has liability insurance coverage in effect on an act or omission described by Section 75.004(a) and in the amounts equal to or greater than those provided by that section.
(d)  This chapter does not create any liability.
(e)  Except as otherwise provided, this chapter applies to a governmental unit.
(f)  This chapter does not waive sovereign immunity.
(g)  To the extent that this chapter limits the liability of a governmental unit under circumstances in which the governmental unit would be liable under Chapter 101, this chapter controls.
(h)  In the case of agricultural land, an owner, lessee, or occupant of real property who does not charge for entry to the premises because the individuals entering the premises for recreation are invited social guests satisfies the requirement of Subsection (c)(1).
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 832, Sec. 5, eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 62, Sec. 3, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 520, Sec. 2, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 56, Sec. 3, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 429, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 44 (H.B. 200), Sec. 4, eff. May 16, 2013.
Acts 2015, 84th Leg., R.S., Ch. 679 (H.B. 262), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75 - Limitation of Landowners' Liability › Section 75.004. Limitation on Monetary Damages for Private Landowners

Sec. 75.004.  LIMITATION ON MONETARY DAMAGES FOR PRIVATE LANDOWNERS.  (a)  Subject to Subsection (b), the liability of an owner, lessee, or occupant of agricultural land used for recreational purposes for an act or omission by the owner, lessee, or occupant relating to the premises that results in damages to a person who has entered the premises is limited to a maximum amount of $500,000 for each person and $1 million for each single occurrence of bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.  In the case of agricultural land, the total liability of an owner, lessee, or occupant for a single occurrence is limited to $1 million, and the liability also is subject to the limits for each single occurrence of bodily injury or death and each single occurrence for injury to or destruction of property stated in this subsection.
(b)  This section applies only to an owner, lessee, or occupant of agricultural land used for recreational purposes who has liability insurance coverage in effect on an act or omission described by Subsection (a) and in the amounts equal to or greater than those provided by Subsection (a).  The coverage may be provided under a contract of insurance or other plan of insurance authorized by statute.  The limit of liability insurance coverage applicable with respect to agricultural land may be a combined single limit in the amount of $1 million for each single occurrence.
(c)  This section does not affect the liability of an insurer or insurance plan in an action under Chapter 541, Insurance Code, or an action for bad faith conduct, breach of fiduciary duty, or negligent failure to settle a claim.
(d)  This section does not apply to a governmental unit.
Added by Acts 1995, 74th Leg., ch. 520, Sec. 3, eff. Aug. 28, 1995.  Amended by Acts 1997, 75th Leg., ch. 56, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.106, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75 - Limitation of Landowners' Liability › Section 75.007. Trespassers

Sec. 75.007.  TRESPASSERS.  (a)  In this section, "trespasser" means a person who enters the land of another without any legal right, express or implied.
(b)  An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injury to a trespasser on the land, except that an owner, lessee, or occupant owes a duty to refrain from injuring a trespasser wilfully, wantonly, or through gross negligence.
(c)  Notwithstanding Subsection (b), an owner, lessee, or occupant of land may be liable for injury to a child caused by a highly dangerous artificial condition on the land if:
(1)  the place where the artificial condition exists is one upon which the owner, lessee, or occupant knew or reasonably should have known that children were likely to trespass;
(2)  the artificial condition is one that the owner, lessee, or occupant knew or reasonably should have known existed, and that the owner, lessee, or occupant realized or should have realized involved an unreasonable risk of death or serious bodily harm to such children;
(3)  the injured child, because of the child's youth, did not discover the condition or realize the risk involved in intermeddling with the condition or coming within the area made dangerous by the condition;
(4)  the utility to the owner, lessee, or occupant of maintaining the artificial condition and the burden of eliminating the danger were slight as compared with the risk to the child involved; and
(5)  the owner, lessee, or occupant failed to exercise reasonable care to eliminate the danger or otherwise protect the child.
(d)  An owner, lessee, or occupant of land whose actions are justified under Subchapter C or D, Chapter 9, Penal Code, is not liable to a trespasser for damages arising from those actions.
(e)  This section does not affect Section 75.001, 75.002, 75.003, or 75.004 or create or increase the liability of any person.
Added by Acts 2011, 82nd Leg., R.S., Ch. 101 (S.B. 1160), Sec. 3, eff. May 20, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 815 (H.B. 931), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75A - Limited Liability for Agritourism Activities › Section 75A.001. Definitions

Sec. 75A.001.  DEFINITIONS.  In this chapter:
(1)  "Agricultural land" means land that is located in this state and that is suitable for:
(A)  use in production of plants and fruits grown for human or animal consumption, or plants grown for the production of fibers, floriculture, viticulture, horticulture, or planting seed; or
(B)  domestic or native farm or ranch animals kept for use or profit.
(2)  "Agritourism activity" means an activity on agricultural land for recreational or educational purposes of participants, without regard to compensation.
(3)  "Agritourism entity" means a person engaged in the business of providing an agritourism activity, without regard to compensation, including a person who displays exotic animals to the public on agricultural land.
(4)  "Agritourism participant" means an individual, other than an employee of an agritourism entity, who engages in an agritourism activity.
(5)  "Agritourism participant injury" means an injury sustained by an agritourism participant, including bodily injury, emotional distress, death, property damage, or any other loss arising from the person's participation in an agritourism activity.
(6)  "Premises" has the meaning assigned by Section 75.001.
(7)  "Recreation" has the meaning assigned by Section 75.001.
Added by Acts 2015, 84th Leg., R.S., Ch. 1152 (S.B. 610), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75A - Limited Liability for Agritourism Activities › Section 75A.002. Limited Liability

Sec. 75A.002.  LIMITED LIABILITY.  (a)  Except as provided by Subsection (b), an agritourism entity is not liable to any person for an agritourism participant injury or damages arising out of the agritourism participant injury if:
(1)  at the time of the agritourism activity from which the injury arises, the warning prescribed by Section 75A.003 was posted in accordance with that section; or
(2)  the agritourism entity obtained in accordance with Section 75A.004 a written agreement and warning statement from the agritourism participant with respect to the agritourism activity from which the injury arises.
(b)  This section does not limit liability for an injury:
(1)  proximately caused by:
(A)  the agritourism entity's negligence evidencing a disregard for the safety of the agritourism participant;
(B)  one of the following dangers, of which the agritourism entity had actual knowledge or reasonably should have known:
(i)  a dangerous condition on the land, facilities, or equipment used in the activity; or
(ii)  the dangerous propensity, that is not disclosed to the agritourism participant, of a particular animal used in the activity; or
(C)  the agritourism entity's failure to train or improper training of an employee of the agritourism entity actively involved in an agritourism activity; or
(2)  intentionally caused by the agritourism entity.
(c)  A limitation on liability provided by this section to an agritourism entity is in addition to other limitations of liability.
Added by Acts 2015, 84th Leg., R.S., Ch. 1152 (S.B. 610), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75A - Limited Liability for Agritourism Activities › Section 75A.003. Posted Warning

Sec. 75A.003.  POSTED WARNING.  For the purposes of limitation of liability under Section 75A.002(a)(1), an agritourism entity must post and maintain a sign in a clearly visible location on or near any premises on which an agritourism activity is conducted.  The sign must contain the following language:
WARNING
UNDER TEXAS LAW (CHAPTER 75A, CIVIL PRACTICE AND REMEDIES CODE), AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AN AGRITOURISM ACTIVITY.
Added by Acts 2015, 84th Leg., R.S., Ch. 1152 (S.B. 610), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75A - Limited Liability for Agritourism Activities › Section 75A.004. Signed Agreement and Warning

Sec. 75A.004.  SIGNED AGREEMENT AND WARNING.  For the purposes of limitation of liability under Section 75A.002(a)(2), a written agreement and warning statement is considered effective and enforceable if it:
(1)  is signed before the agritourism participant participates in an agritourism activity;
(2)  is signed by the agritourism participant or, if the agritourism participant is a minor, the agritourism participant's parent, managing conservator, or guardian;
(3)  is in a document separate from any other agreement between the agritourism participant and the agritourism entity other than a different warning, consent, or assumption of risk statement;
(4)  is printed in not less than 10-point bold type; and
(5)  contains the following language:
AGREEMENT AND WARNING
I UNDERSTAND AND ACKNOWLEDGE THAT AN AGRITOURISM ENTITY IS NOT LIABLE FOR ANY INJURY TO OR DEATH OF AN AGRITOURISM PARTICIPANT RESULTING FROM AGRITOURISM ACTIVITIES.  I UNDERSTAND THAT I HAVE ACCEPTED ALL RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER LOSS THAT MAY RESULT FROM AGRITOURISM ACTIVITIES.
Added by Acts 2015, 84th Leg., R.S., Ch. 1152 (S.B. 610), Sec. 1, eff. June 19, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75B - Limited Liability for Recreational Vehicle Park and Campground Activities › Section 75B.001. Definitions

Sec. 75B.001.  DEFINITIONS.  In this chapter:
(1)  "Campground" means a commercial property designed to provide cabins for transient guest use or areas for locating recreational vehicles or tents for transient guest use.
(2)  "Campground entity" means a person engaged in the business of owning or operating a campground.
(3)  "Recreational vehicle park" has the meaning assigned by Section 13.087, Water Code.
(4)  "Recreational vehicle park entity" means a person engaged in the business of owning or operating a recreational vehicle park.
(5)  "Recreational vehicle park or campground activity" means an activity at a recreational vehicle park or campground for recreational or educational purposes.
(6)  "Recreational vehicle park or campground participant" means an individual, other than an employee of a recreational vehicle park or campground entity, who engages in a recreational vehicle park or campground activity.
(7)  "Recreational vehicle park or campground participant injury" means an injury sustained by a recreational vehicle park or campground participant, including bodily injury, emotional distress, death, property damage, or any other loss arising from the person's conduct of or participation in a recreational vehicle park or campground activity.
Added by Acts 2023, 88th Leg., R.S., Ch. 508 (H.B. 2636), Sec. 1, eff. June 10, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 75B - Limited Liability for Recreational Vehicle Park and Campground Activities › Section 75B.002. Limited Liability

Sec. 75B.002.  LIMITED LIABILITY.  (a)  Except as provided by Subsection (b), a recreational vehicle park or campground entity is not liable to any person for a recreational vehicle park or campground participant injury or damages arising out of a recreational vehicle park or campground participant injury if, at the time of the recreational vehicle park or campground activity from which the injury arises, the warning prescribed by Section 75B.003 was posted in accordance with that section.
(b)  This section does not limit liability for an injury:
(1)  proximately caused by:
(A)  the recreational vehicle park or campground entity's negligence with regard to the safety of the recreational vehicle park or campground participant;
(B)  a potentially dangerous condition on the land, facilities, or equipment used in the activity, of which the recreational vehicle park or campground entity knew or reasonably should have known; or
(C)  the recreational vehicle park or campground entity's failure to train or improper training of an employee of the recreational vehicle park or campground entity actively involved in a recreational vehicle park or campground activity; or
(2)  intentionally caused by the recreational vehicle park or campground entity.
(c)  A limitation on liability provided by this section to a recreational vehicle park or campground entity is in addition to other limitations of liability.
Added by Acts 2023, 88th Leg., R.S., Ch. 508 (H.B. 2636), Sec. 1, eff. June 10, 2023.