reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 130 - Liability Provisions in Certain Construction Contracts › Section 130.0021. Architect's or Engineer's Standard of Care

Sec. 130.0021.  ARCHITECT'S OR ENGINEER'S STANDARD OF CARE.  (a) A construction contract for architectural or engineering services or a contract related to the construction or repair of an improvement to real property that contains architectural or engineering services as a component part must require that the architectural or engineering services be performed with the professional skill and care ordinarily provided by competent architects or engineers practicing under the same or similar circumstances and professional license.
(b)  If a contract described by Subsection (a) contains a provision establishing a different standard of care than the standard described by Subsection (a):
(1)  the provision is void and unenforceable; and
(2)  the standard of care described by Subsection (a) applies to the performance of the architectural or engineering services.
(c)  Section 130.004 does not limit the applicability of this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 686 (H.B. 2116), Sec. 3, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 130 - Liability Provisions in Certain Construction Contracts › Section 130.003. Insurance Contract; Workers' Compensation

Sec. 130.003.  INSURANCE CONTRACT;  WORKERS' COMPENSATION.  This chapter does not apply to:
(1)  an insurance contract;  or
(2)  a workers' compensation agreement.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.14(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 130 - Liability Provisions in Certain Construction Contracts › Section 130.004. Owner of Interest in Real Property

Sec. 130.004.  OWNER OF INTEREST IN REAL PROPERTY.  (a)  Except as provided by Section 130.002(b) or (c) or Section 130.0021, this chapter does not apply to an owner of an interest in real property or persons employed solely by that owner.
(b)  Except as provided by Section 130.002(b) or (c) or Section 130.0021, this chapter does not prohibit or make void or unenforceable a covenant or promise to:
(1)  indemnify or hold harmless an owner of an interest in real property and persons employed solely by that owner; or
(2)  allocate, release, liquidate, limit, or exclude liability in connection with a construction contract between an owner or other person for whom a construction contract is being performed and a registered architect or licensed engineer.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.14(a), eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 351, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 686 (H.B. 2116), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 838 (S.B. 219), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 130 - Liability Provisions in Certain Construction Contracts › Section 130.005. Application of Chapter

Sec. 130.005.  APPLICATION OF CHAPTER.  This chapter does not apply to a contract or agreement in which an architect or engineer or an agent, servant, or employee of an architect or engineer is indemnified from liability for:
(1)  negligent acts other than those described by this chapter;  or
(2)  negligent acts of the contractor, any subcontractor, any person directly or indirectly employed by the contractor or a subcontractor, or any person for whose acts the contractor or a subcontractor may be liable.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.14(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 131 - Violation of Collegiate Athletic Association Rules › Section 131.001. Definitions

Sec. 131.001.  DEFINITIONS.  In this chapter:
(1)  "National collegiate athletic association" means a national collegiate athletic association with one or more member institutions in 40 or more states, including Texas.
(2)  "Person" does not include a government or governmental subdivision or agency.
(3)  "Regional collegiate athletic association" means a regional collegiate athletic association with one or more of its member institutions in Texas.
(4)  "Institution" means a public or private institution of higher education, including any senior college, university, community college, technical institute, or junior college.
Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 279, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 131 - Violation of Collegiate Athletic Association Rules › Section 131.002. Adoption of Rules

Sec. 131.002.  ADOPTION OF RULES.  The rules of each national collegiate athletic association in effect on January 1, 1987, are adopted.
Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 131 - Violation of Collegiate Athletic Association Rules › Section 131.003. Cause of Action by Regional Collegiate Athletic Association

Sec. 131.003.  CAUSE OF ACTION BY REGIONAL COLLEGIATE ATHLETIC ASSOCIATION.  A person who violates a rule of a national collegiate athletic association adopted by this chapter is liable for damages in an action brought by a regional collegiate athletic association if:
(1)  the person knew or reasonably should have known that a rule was violated;  and
(2)  the violation of the rule is a contributing factor to disciplinary action taken by the national collegiate athletic association against:
(A)  the regional collegiate athletic association;
(B)  a member institution of the regional collegiate athletic association;  or
(C)  a student at a member institution of the regional collegiate athletic association.
Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 131 - Violation of Collegiate Athletic Association Rules › Section 131.004. Cause of Action by Institution

Sec. 131.004.  CAUSE OF ACTION BY INSTITUTION.  A person who violates a rule of a national collegiate athletic association adopted by this chapter is liable for damages in an action brought by an institution if:
(1)  the person knew or reasonably should have known that a rule was violated;  and
(2)  the violation of the rule is a contributing factor to disciplinary action taken by the national collegiate athletic association against the institution or a student at the institution.
Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 131 - Violation of Collegiate Athletic Association Rules › Section 131.005. Defenses

Sec. 131.005.  DEFENSES.  (a)  It is a defense to an action under this chapter that, at the time of the violation of the rule:
(1)  the rule was not a current rule of the national collegiate athletic association;  or
(2)  the rule had been substantially changed by the national collegiate athletic association.
(b)  It is a defense to an action under Section 131.003 that, at the time of the violation of the rule, the defendant was:
(1)  an employee of the national collegiate athletic association whose rule was violated;
(2)  an employee of the regional collegiate athletic association;
(3)  an employee of a member institution of the regional collegiate athletic association;  or
(4)  a student at a member institution of the regional collegiate athletic association.
(c)  It is a defense to an action under Section 131.004 that, at the time of the violation of the rule, the defendant was:
(1)  an employee of the national collegiate athletic association whose rule was violated;
(2)  an employee of the regional collegiate athletic association of which the institution is a member;
(3)  an employee of the institution;  or
(4)  a student at the institution.
Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 131 - Violation of Collegiate Athletic Association Rules › Section 131.006. Damages

Sec. 131.006.  DAMAGES.  Damages to a regional collegiate athletic association or institution may include lost television revenues and lost ticket sales of regular season and post-season athletic events.
Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 131 - Violation of Collegiate Athletic Association Rules › Section 131.007. Distribution of Damages

Sec. 131.007.  DISTRIBUTION OF DAMAGES.  A regional collegiate athletic association that prevails in an action under Section 131.003 shall distribute the awarded damages to its member institutions in the same manner that it regularly distributes proceeds it receives in connection with athletic contests among member institutions.
Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 131 - Violation of Collegiate Athletic Association Rules › Section 131.008. Attorney's Fees and Costs

Sec. 131.008.  ATTORNEY'S FEES AND COSTS.  A regional collegiate athletic association or institution that prevails in an action under this chapter is entitled to an award of reasonable attorney's fees and costs.
Added by Acts 1987, 70th Leg., ch. 1065, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 133 - Presumption of Death › Section 133.001. Seven-Year Absence

Sec. 133.001.  SEVEN-YEAR ABSENCE.  Any person absenting himself for seven successive years shall be presumed dead unless it is proved that the person was alive within the seven-year period.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.15(a), eff. Sept. 1, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 131.001 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(4), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 133 - Presumption of Death › Section 133.002. Armed Services Certificate of Death

Sec. 133.002.  ARMED SERVICES CERTIFICATE OF DEATH.  If a branch of the armed services issues a certificate declaring a person dead, the date of death is presumed to have occurred for all purposes as stated in the certificate.  The certificate may be admitted in any court of competent jurisdiction as prima facie evidence of the date and place of the person's death.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.15(a), eff. Sept. 1, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 131.002 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(4), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 133 - Presumption of Death › Section 133.003. Restoration of Estate

Sec. 133.003.  RESTORATION OF ESTATE.  (a)  If an estate is recovered on a presumption of death under this chapter and if in a subsequent action or suit it is proved that the person presumed dead is living, the estate shall be restored to that person.  The estate shall be restored with the rents and profits of the estate with legal interest for the time the person was deprived of the estate.
(b)  A person delivering an estate or any part of an estate under this section to another under proper order of a court of competent jurisdiction is not liable for the estate or part of the estate.
(c)  If the person recovering an estate on a presumption of death sells real property from the estate to a purchaser for value, the right of restoration under this section extends to the recovery of the purchase money received by the person, but does not extend to the recovery of the real property.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.15(a), eff. Sept. 1, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 131.003 by Acts 1989, 71st Leg., ch. 2, Sec. 16.01(4), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134 - Texas Theft Liability Act › Section 134.001. Short Title

Sec. 134.001.  SHORT TITLE.  This chapter may be cited as the Texas Theft Liability Act.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134 - Texas Theft Liability Act › Section 134.002. Definitions

Sec. 134.002.  DEFINITIONS.  In this chapter:
(1)  "Person" means an individual, partnership, corporation, association, or other group, however organized.
(2)  "Theft" means unlawfully appropriating property or unlawfully obtaining services as described by Section 31.03, 31.04, 31.06, 31.07, 31.11, 31.12, 31.13, or 31.14, Penal Code.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28, 1989.  Amended by Acts 1999, 76th Leg., ch. 858, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 10 (S.B. 953), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134 - Texas Theft Liability Act › Section 134.003. Liability

Sec. 134.003.  LIABILITY.  (a)  A person who commits theft is liable for the damages resulting from the theft.
(b)  A parent or other person who has the duty of control and reasonable discipline of a child is liable for theft committed by the child.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134 - Texas Theft Liability Act › Section 134.004. Suit

Sec. 134.004.  SUIT.  A suit under this chapter may be brought in the county where the theft occurred or in the county where the defendant resides.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134 - Texas Theft Liability Act › Section 134.005. Recovery

Sec. 134.005.  RECOVERY.  (a)  In a suit under this chapter, a person who has sustained damages resulting from theft may recover:
(1)  under Section 134.003(a), from a person who commits theft, the amount of actual damages found by the trier of fact and, in addition to actual damages, damages awarded by the trier of fact in a sum not to exceed $1,000; or
(2)  from a parent or other person who has the duty of control and reasonable discipline of a child, for an action brought under Section 134.003(b), the amount of actual damages found by the trier of fact, not to exceed $5,000.
(b)  Each person who prevails in a suit under this chapter shall be awarded court costs and reasonable and necessary attorney's fees.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134A - Trade Secrets › Section 134A.001. Short Title

Sec. 134A.001.  SHORT TITLE.  This chapter may be cited as the Texas Uniform Trade Secrets Act.
Added by Acts 2013, 83rd Leg., R.S., Ch. 10 (S.B. 953), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134A - Trade Secrets › Section 134A.003. Injunctive Relief

Sec. 134A.003.  INJUNCTIVE RELIEF.  (a)  Actual or threatened misappropriation may be enjoined if the order does not prohibit a person from using general knowledge, skill, and experience that person acquired during employment.
(a-1)  On application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(b)  In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited.  Exceptional circumstances include a material and prejudicial change of position before acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(c)  In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
Added by Acts 2013, 83rd Leg., R.S., Ch. 10 (S.B. 953), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 37 (H.B. 1995), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134A - Trade Secrets › Section 134A.004. Damages

Sec. 134A.004.  DAMAGES.  (a)  In addition to or in lieu of injunctive relief, a claimant is entitled to recover damages for misappropriation.  Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.  In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.
(b)  If willful and malicious misappropriation is proven by clear and convincing evidence, the fact finder may award exemplary damages in an amount not exceeding twice any award made under Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 10 (S.B. 953), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 37 (H.B. 1995), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134A - Trade Secrets › Section 134A.005. Attorney's Fees

Sec. 134A.005.  ATTORNEY'S FEES.  The court may award reasonable attorney's fees to the prevailing party if:
(1)  a claim of misappropriation is made in bad faith;
(2)  a motion to terminate an injunction is made or resisted in bad faith; or
(3)  willful and malicious misappropriation exists.
Added by Acts 2013, 83rd Leg., R.S., Ch. 10 (S.B. 953), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 37 (H.B. 1995), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134A - Trade Secrets › Section 134A.006. Preservation of Secrecy

Sec. 134A.006.  PRESERVATION OF SECRECY.  (a)  In an action under this chapter, a court shall preserve the secrecy of an alleged trade secret by reasonable means.  There is a presumption in favor of granting protective orders to preserve the secrecy of trade secrets.  Protective orders may include provisions limiting access to confidential information to only the attorneys and their experts, holding in camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
(b)  In an action under this chapter, a presumption exists that a party is allowed to participate and assist counsel in the presentation of the party's case.  At any stage of the action, the court may exclude a party and the party's representative or limit a party's access to the alleged trade secret of another party if other countervailing interests overcome the presumption.  In making this determination, the court must conduct a balancing test that considers:
(1)  the value of an owner's alleged trade secret;
(2)  the degree of competitive harm an owner would suffer from the dissemination of the owner's alleged trade secret to the other party;
(3)  whether the owner is alleging that the other party is already in possession of the alleged trade secret;
(4)  whether a party's representative acts as a competitive decision maker;
(5)  the degree to which a party's defense would be impaired by limiting that party's access to the alleged trade secret;
(6)  whether a party or a party's representative possesses specialized expertise that would not be available to a party's outside expert; and
(7)  the stage of the action.
Added by Acts 2013, 83rd Leg., R.S., Ch. 10 (S.B. 953), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 37 (H.B. 1995), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134A - Trade Secrets › Section 134A.007. Effect on Other Law

Sec. 134A.007.  EFFECT ON OTHER LAW.  (a)  Except as provided by Subsection (b), this chapter displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret.
(b)  This chapter does not affect:
(1)  contractual remedies, whether or not based upon misappropriation of a trade secret;
(2)  other civil remedies that are not based upon misappropriation of a trade secret; or
(3)  criminal remedies, whether or not based upon misappropriation of a trade secret.
(c)  To the extent that this chapter conflicts with the Texas Rules of Civil Procedure, this chapter controls.  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this chapter.
(d)  This chapter does not affect the disclosure of public information by a governmental body under Chapter 552, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 10 (S.B. 953), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 134A - Trade Secrets › Section 134A.008. Uniformity of Application and Construction

Sec. 134A.008.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
Added by Acts 2013, 83rd Leg., R.S., Ch. 10 (S.B. 953), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 136 - Proof of Mailing › Section 136.001. Certified Mail

Sec. 136.001.  CERTIFIED MAIL.  (a)  Except as provided by Subsection (b), a person may use certified mail with return receipt requested in any case in which registered mail is required by law.  The mailing of a notice of hearing, citation, bid request, or other notice, information, or material by certified mail has the same legal effect as if sent by registered mail, if the receipt for the certified mail is validated with an official post office postmark.
(b)  An article shall be sent by registered mail if registered mail is required by law to provide insurance against loss of the article.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 3, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 137 - Declaration for Mental Health Treatment › Section 137.001. Definitions

Sec. 137.001.  DEFINITIONS.  In this chapter:
(1)  "Adult" means a person 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed.
(2)  "Attending physician" means the physician, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient.
(3)  "Declaration for mental health treatment" means a document making a declaration of preferences or instructions regarding mental health treatment.
(4)  "Emergency" means a situation in which it is immediately necessary to treat a patient to prevent:
(A)  probable imminent death or serious bodily injury to the patient because the patient:
(i)  overtly or continually is threatening or attempting to commit suicide or serious bodily injury to the patient;  or
(ii)  is behaving in a manner that indicates that the patient is unable to satisfy the patient's need for nourishment, essential medical care, or self-protection;  or
(B)  imminent physical or emotional harm to another because of threats, attempts, or other acts of the patient.
(5)  "Health care provider" means an individual or facility licensed, certified, or otherwise authorized to administer health care or treatment, for profit or otherwise, in the ordinary course of business or professional practice and includes a physician or other health care provider, a residential care provider, or an inpatient mental health facility as defined by Section 571.003, Health and Safety Code.
(6)  "Incapacitated" means that, in the opinion of the court in a guardianship proceeding under Title 3, Estates Code, or in a medication hearing under Section 574.106, Health and Safety Code, a person lacks the ability to understand the nature and consequences of a proposed treatment, including the benefits, risks, and alternatives to the proposed treatment, and lacks the ability to make mental health treatment decisions because of impairment.
(7)  "Mental health treatment" means electroconvulsive or other convulsive treatment, treatment of mental illness with psychoactive medication as defined by Section 574.101, Health and Safety Code, or emergency mental health treatment.
(8)  "Principal" means a person who has executed a declaration for mental health treatment.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 464, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.009, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 137 - Declaration for Mental Health Treatment › Section 137.002. Persons Who May Execute Declaration for Mental Health Treatment; Period of Validity

Sec. 137.002.  PERSONS WHO MAY EXECUTE DECLARATION FOR MENTAL HEALTH TREATMENT;  PERIOD OF VALIDITY.  (a)  An adult who is not incapacitated may execute a declaration for mental health treatment.  The preferences or instructions may include consent to or refusal of mental health treatment.
(b)  A declaration for mental health treatment is effective on execution as provided by this chapter.  Except as provided by Subsection (c), a declaration for mental health treatment expires on the third anniversary of the date of its execution or when revoked by the principal, whichever is earlier.
(c)  If the declaration for mental health treatment is in effect and the principal is incapacitated on the third anniversary of the date of its execution, the declaration remains in effect until the principal is no longer incapacitated.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 137 - Declaration for Mental Health Treatment › Section 137.003. Execution and Witnesses; Execution and Acknowledgment Before Notary Public

Sec. 137.003.  EXECUTION AND WITNESSES; EXECUTION AND ACKNOWLEDGMENT BEFORE NOTARY PUBLIC.  (a)  A declaration for mental health treatment must be:
(1)  signed by the principal in the presence of two or more subscribing witnesses; or
(2)  signed by the principal and acknowledged before a notary public.
(b)  A witness may not, at the time of execution, be:
(1)  the principal's health or residential care provider or an employee of that provider;
(2)  the operator of a community health care facility providing care to the principal or an employee of an operator of the facility;
(3)  a person related to the principal by blood, marriage, or adoption;
(4)  a person entitled to any part of the estate of the principal on the death of the principal under a will, trust, or deed in existence or who would be entitled to any part of the estate by operation of law if the principal died intestate;  or
(5)  a person who has a claim against the estate of the principal.
(c)  For a witness's signature to be effective, the witness must sign a statement affirming that, at the time the declaration for mental health treatment was signed, the principal:
(1)  appeared to be of sound mind to make a mental health treatment decision;
(2)  has stated in the witness's presence that the principal was aware of the nature of the declaration for mental health treatment and that the principal was signing the document voluntarily and free from any duress;  and
(3)  requested that the witness serve as a witness to the principal's execution of the document.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 349 (H.B. 1787), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 349 (H.B. 1787), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 137 - Declaration for Mental Health Treatment › Section 137.004. Health Care Provider to Act in Accordance With Declaration for Mental Health Treatment

Sec. 137.004.  HEALTH CARE PROVIDER TO ACT IN ACCORDANCE WITH DECLARATION FOR MENTAL HEALTH TREATMENT.  A physician or other health care provider shall act in accordance with the declaration for mental health treatment when the principal has been found to be incapacitated.  A physician or other provider shall continue to seek and act in accordance with the principal's informed consent to all mental health treatment decisions if the principal is capable of providing informed consent.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 137 - Declaration for Mental Health Treatment › Section 137.005. Limitation on Liability

Sec. 137.005.  LIMITATION ON LIABILITY.  (a)  An attending physician, health or residential care provider, or person acting for or under an attending physician's or health or residential care provider's control is not subject to criminal or civil liability and has not engaged in professional misconduct for an act or omission if the act or omission is done in good faith under the terms of a declaration for mental health treatment.
(b)  An attending physician, health or residential care provider, or person acting for or under an attending physician's or health or residential care provider's control does not engage in professional misconduct for:
(1)  failure to act in accordance with a declaration for mental health treatment if the physician, provider, or other person:
(A)  was not provided with a copy of the declaration;  and
(B)  had no knowledge of the declaration after a good faith attempt to learn of the existence of a declaration;  or
(2)  acting in accordance with a directive for mental health treatment after the directive has expired or has been revoked if the physician, provider, or other person does not have knowledge of the expiration or revocation.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 137 - Declaration for Mental Health Treatment › Section 137.006. Discrimination Relating to Execution of Declaration for Mental Health Treatment

Sec. 137.006.  DISCRIMINATION RELATING TO EXECUTION OF DECLARATION FOR MENTAL HEALTH TREATMENT.  A health or residential care provider, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital service plan may not:
(1)  charge a person a different rate solely because the person has executed a declaration for mental health treatment;
(2)  require a person to execute a declaration for mental health treatment before:
(A)  admitting the person to a hospital, nursing home, or residential care home;
(B)  insuring the person;  or
(C)  allowing the person to receive health or residential care;
(3)  refuse health or residential care to a person solely because the person has executed a declaration for mental health treatment;  or
(4)  discharge the person solely because the person has or has not executed a declaration for mental health treatment.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 137 - Declaration for Mental Health Treatment › Section 137.007. Use and Effect of Declaration for Mental Health Treatment

Sec. 137.007.  USE AND EFFECT OF DECLARATION FOR MENTAL HEALTH TREATMENT.  (a)  On being presented with a declaration for mental health treatment, a physician or other health care provider shall make the declaration a part of the principal's medical record.  When acting in accordance with a declaration for mental health treatment, a physician or other health care provider shall comply with the declaration to the fullest extent possible.
(b)  If a physician or other provider is unwilling at any time to comply with a declaration for mental health treatment, the physician or provider may withdraw from providing treatment consistent with the exercise of independent medical judgment and must promptly:
(1)  make a reasonable effort to transfer care for the principal to a physician or provider who is willing to comply with the declaration;
(2)  notify the principal, or principal's guardian, if appropriate, of the decision to withdraw;  and
(3)  record in the principal's medical record the notification and, if applicable, the name of the physician or provider to whom the principal is transferred.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 464, Sec. 2, eff. June 18, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 137 - Declaration for Mental Health Treatment › Section 137.008. Disregard of Declaration for Mental Health Treatment

Sec. 137.008.  DISREGARD OF DECLARATION FOR MENTAL HEALTH TREATMENT.  (a)  A physician or other health care provider may subject the principal to mental health treatment in a manner contrary to the principal's wishes as expressed in a declaration for mental health treatment only:
(1)  if the principal is under an order for temporary or extended mental health services under Section 574.034, 574.0345, 574.035, or 574.0355, Health and Safety Code, and treatment is authorized in compliance with Section 574.106, Health and Safety Code; or
(2)  in case of an emergency when the principal's instructions have not been effective in reducing the severity of the behavior that has caused the emergency.
(b)  A declaration for mental health treatment does not limit any authority provided by Chapter 573 or 574, Health and Safety Code:
(1)  to take a person into custody;  or
(2)  to admit or retain a person in a mental health treatment facility.
(c)  This section does not apply to the use of electroconvulsive treatment or other convulsive treatment.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 464, Sec. 3, eff. June 18, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 582 (S.B. 362), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 137 - Declaration for Mental Health Treatment › Section 137.009. Conflicting or Contrary Provisions

Sec. 137.009.  CONFLICTING OR CONTRARY PROVISIONS.  (a)  Mental health treatment instructions contained in a declaration executed in accordance with this chapter supersede any contrary or conflicting instructions given by:
(1)  a medical power of attorney under Subchapter D, Chapter 166, Health and Safety Code; or
(2)  a guardian appointed under Title 3, Estates Code, after the execution of the declaration.
(b)  Mental health treatment instructions contained in a declaration executed in accordance with this chapter shall be conclusive evidence of a declarant's preference in a medication hearing under Section 574.106, Health and Safety Code.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.010, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 137 - Declaration for Mental Health Treatment › Section 137.010. Revocation

Sec. 137.010.  REVOCATION.  (a)  A declaration for mental health treatment is revoked when a principal who is not incapacitated:
(1)  notifies a licensed or certified health or residential care provider of the revocation;
(2)  acts in a manner that demonstrates a specific intent to revoke the declaration;  or
(3)  executes a later declaration for mental health treatment.
(b)  A principal's health or residential care provider who is informed of or provided with a revocation of a declaration for mental health treatment immediately shall:
(1)  record the revocation in the principal's medical record;  and
(2)  give notice of the revocation to any other health or residential care provider the provider knows to be responsible for the principal's care.
Added by Acts 1997, 75th Leg., ch. 1318, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 464, Sec. 4, eff. June 18, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 138 - Personal Responsibility for Food Consumption › Section 138.001. Definitions

Sec. 138.001.  DEFINITIONS.  In this chapter:
(1)  "Agricultural commodity" has the meaning assigned by Section 41.002, Agriculture Code.
(2)  "Agricultural producer" means any producer of an agricultural commodity.
(3)  "Food" has the definition assigned by Section 431.002, Health and Safety Code.  "Food" does not include:
(A)  a cosmetic, as defined by Section 321(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321 (i));
(B)  a drug, as defined by Section 321(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321(g)), whether prescription or over-the-counter; or
(C)  a dietary supplement, as defined by Section 321(ff) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321(ff)).
(4)  "Livestock" has the meaning assigned by Section 1.003, Agriculture Code.
(5)  "Livestock producer" means any producer of livestock.
(6)  "Manufacturer" means a person lawfully engaged, in the regular course of the person's trade or business, in manufacturing a food.
(7)  "Seller" means a person lawfully engaged, in the regular course of the person's trade or business, in marketing, distributing, advertising, or selling a food.
(8)  "State" includes each state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands and any other territory or possession of the United States and any political subdivision of any of those places.
(9)  "Trade association" means any association or business organization, whether or not incorporated under federal or state law, that is not operated for profit and two or more members of which are manufacturers, marketers, distributors, advertisers, or sellers of a food.
Added by Acts 2005, 79th Leg., Ch. 906 (H.B. 107), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 138 - Personal Responsibility for Food Consumption › Section 138.002. Civil Action Prohibited

Sec. 138.002.  CIVIL ACTION PROHIBITED.  (a)  Except as otherwise provided by this section, a manufacturer, seller, trade association, livestock producer, or agricultural producer is not liable under any law of this state for any claim arising out of weight gain or obesity, a health condition associated with weight gain or obesity, or any other generally known condition allegedly caused by or allegedly likely to result from the long-term consumption of food, including:
(1)  an action brought by a person other than the individual on whose weight gain, obesity, or health condition the action is based; and
(2)  any derivative action brought by or on behalf of any individual or any representative, spouse, parent, child, or other relative of any individual.
(b)  This section does not prohibit a person from bringing:
(1)  an action in which:
(A)  a manufacturer or seller of a food knowingly and wilfully violates a federal or state statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of the food; and
(B)  the violation is a proximate cause of injury related to an individual's weight gain or obesity or any health condition associated with an individual's weight gain or obesity; or
(2)  an action brought:
(A)  under Chapter 431, Health and Safety Code; or
(B)  by the attorney general under Section 17.47, Business & Commerce Code.
(c)  This section does not create a cause of action.
Added by Acts 2005, 79th Leg., Ch. 906 (H.B. 107), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 138 - Personal Responsibility for Food Consumption › Section 138.003. Pleadings

Sec. 138.003.  PLEADINGS.  In an action described in Section 138.002(b)(1), the initiating petition must state with particularity:
(1)  the federal and state statutes allegedly  violated; and
(2)  the facts that are alleged to have proximately caused the injury claimed.
Added by Acts 2005, 79th Leg., Ch. 906 (H.B. 107), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 138 - Personal Responsibility for Food Consumption › Section 138.004. Stay

Sec. 138.004.  STAY.  (a)  For an action described by Section 138.002(b), all discovery and other proceedings are stayed during the pendency of any motion to dismiss unless the court finds on motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party.
(b)  During the pendency of any stay of discovery, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the petition shall treat all documents, data compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control of the person and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party under the applicable rules of civil procedure.
(c)  A party aggrieved by the wilful failure of an opposing party to comply with this section may apply to the court for an order awarding appropriate sanctions.
Added by Acts 2005, 79th Leg., Ch. 906 (H.B. 107), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 139 - Personal Injury to Certain Persons › Subchapter A. General Provisions › Section 139.001. Definitions

Sec. 139.001.  DEFINITIONS.  In this chapter:
(1)  "Claimant" means a person described by Section 139.002(1) or (2) who makes a claim to which this chapter applies.
(2)  "Incapacitated person" has the meaning assigned by Section 1002.017, Estates Code.
Added by Acts 1999, 76th Leg., ch. 1228, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.011, eff. September 1, 2017.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 139 - Personal Injury to Certain Persons › Subchapter A. General Provisions › Section 139.002. Scope of Chapter

Sec. 139.002.  SCOPE OF CHAPTER.  This chapter applies only to a suit on a claim for damages arising from personal injury:
(1)  to an incapacitated person;  or
(2)  in which the personal injury has resulted in the substantial disablement of the injured person.
Added by Acts 1999, 76th Leg., ch. 1228, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 139 - Personal Injury to Certain Persons › Subchapter B. Structured Settlement Offer › Section 139.101. Written Offer Required

Sec. 139.101.  WRITTEN OFFER REQUIRED.  An offer of structured settlement made after a suit to which this chapter applies has been filed must be:
(1)  made in writing;  and
(2)  presented to the attorney for the claimant.
Added by Acts 1999, 76th Leg., ch. 1228, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 139 - Personal Injury to Certain Persons › Subchapter B. Structured Settlement Offer › Section 139.102. Presentation to Claimant

Sec. 139.102.  PRESENTATION TO CLAIMANT.  (a)  As soon as practicable after receiving the offer under Section 139.101, but not later than any expiration date that may accompany the quotation that outlines the terms of the structured settlement offered, the attorney receiving the offer shall present the offer to the claimant or the claimant's personal representative.
(b)  To the extent reasonably necessary to permit the claimant or the claimant's personal representative to make an informed decision regarding the acceptance or rejection of a proposed structured settlement, the attorney shall advise the claimant or the claimant's personal representative with respect to:
(1)  the terms, conditions, and other attributes of the proposed structured settlement;  and
(2)  the appropriateness of the structured settlement under the circumstances.
Added by Acts 1999, 76th Leg., ch. 1228, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits › Section 140.001. Definitions

Sec. 140.001.  DEFINITIONS.  In this chapter:
(1)  "Covered individual" means an individual entitled to benefits described by Section 140.002.
(2)  "Payor of benefits" or "payor" means an issuer of a plan providing benefits described by Section 140.002 that:
(A)  pays benefits to or on behalf of a covered individual as a result of personal injuries to the covered individual caused by the tortious conduct of a third party; and
(B)  has a contractual right of subrogation described by Section 140.004.
Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits › Section 140.003. Conflicts With Other Law

Sec. 140.003.  CONFLICTS WITH OTHER LAW.  In the event of a conflict between this chapter and another law, including a rule of procedure or evidence, this chapter controls to the extent of the conflict.
Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 6 - Miscellaneous Provisions › Chapter 140 - Contractual Subrogation Rights of Payors of Certain Benefits › Section 140.004. Contractual Subrogation Rights Authorized

Sec. 140.004.  CONTRACTUAL SUBROGATION RIGHTS AUTHORIZED.  An issuer of a plan that provides benefits described by Section 140.002 under which the policy or plan issuer may be obligated to make payments or provide medical or surgical benefits to or on behalf of a covered individual as a result of a personal injury to the individual caused by the tortious conduct of a third party may contract to be subrogated to and have a right of reimbursement for payments made or costs of benefits provided from the individual's recovery for that injury, subject to this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.