reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 39 - Default Judgments in Certain Cases Defended by Attorney General › Section 39.002. Failure to Give Notice

Sec. 39.002.  FAILURE TO GIVE NOTICE.  Failure to give notice in a case in which notice is required by Section 30.004(b) or Section 39.001 results in any default judgment in the case being set aside without costs.
Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.09(a), eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 40 - Availability of Certain Funds to Pay Damages › Section 40.001. Endowment of Certain Nonprofit Institutions

Sec. 40.001.  ENDOWMENT OF CERTAIN NONPROFIT INSTITUTIONS.  (a)  This section applies only to damages awarded against:
(1)  a nonprofit institution or facility:
(A)  licensed under Chapter 242, 246, or 247, Health and Safety Code, or Chapter 42, Human Resources Code;  and
(B)  that, before the date on which the action in which the damages are awarded is filed, is affiliated with:
(i)  a nonprofit religious organization that is exempt from federal income tax under Section 501(c)(3), Internal Revenue Code of 1986, as amended, and that is a nonprofit religious organization described by 34 T.A.C. Section 3.322(b)(3), as that provision existed on January 1, 2003, or a convention or association of those organizations;  or
(ii)  a local Jewish Federation;  or
(2)  a program operated by an institution or facility described by Subdivision (1).
(b)  A claimant may not collect damages awarded against an institution, facility, or program described by Subsection (a) from an endowment fund, restricted fund, or similar fund or account, or the income derived from the corpus of the fund or account, if:
(1)  the fund or account is exempt from federal taxation;
(2)  the corpus, income, or a distribution from the fund or account is used to assist in funding care provided by a nursing institution licensed under Chapter 242, Health and Safety Code, and affiliated with an organization described by Subsection (a)(1)(B);
(3)  the corpus of the fund or account is derived from donations or grants from third parties or public sources;  and
(4)  the use of the fund or account is temporarily or permanently restricted:
(A)  by the donor or grantor at the time the donation or grant is made by:
(i)  the express language, action, or agreement of the donor or grantor;  or
(ii)  the manner in which the donation or grant was solicited by the donee or grantee;  or
(B)  by the board governing the fund or account at the time the donation or grant is accepted.
Added by Acts 2003, 78th Leg., ch. 133, Sec. 1, eff. May 27, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.002. Applicability

Sec. 41.002.  APPLICABILITY.  (a)  This chapter applies to any action in which a claimant seeks damages relating to a cause of action.
(b)  This chapter establishes the maximum damages that may be awarded in an action subject to this chapter, including an action for which damages are awarded under another law of this state.  This chapter does not apply to the extent another law establishes a lower maximum amount of damages for a particular claim.
(c)  Except as provided by Subsections (b) and (d), in an action to which this chapter applies, the provisions of this chapter prevail over all other law to the extent of any conflict.
(d)  Notwithstanding any provision to the contrary, this chapter does not apply to:
(1)  Section 15.21, Business & Commerce Code (Texas Free Enterprise and Antitrust Act of 1983);
(2)  an action brought under the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) except as specifically provided in Section 17.50 of that Act;
(3)  an action brought under Chapter 36, Human Resources Code; or
(4)  an action brought under Chapter 21, Insurance Code.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Amended by Acts 1989, 71st Leg., ch. 380, Sec. 5, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 1129, Sec. 16, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 260, Sec. 9, eff. May 30, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 4.01, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 204, Sec. 13.03, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 18, eff. September 1, 2005.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.003. Standards for Recovery of Exemplary Damages

Sec. 41.003.  STANDARDS FOR RECOVERY OF EXEMPLARY DAMAGES.  (a)  Except as provided by Subsection (c), exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm with respect to which the claimant seeks recovery of exemplary damages results from:
(1)  fraud;
(2)  malice;  or
(3)  gross negligence.
(b)  The claimant must prove by clear and convincing evidence the elements of exemplary damages as provided by this section.  This burden of proof may not be shifted to the defendant or satisfied by evidence of ordinary negligence, bad faith, or a deceptive trade practice.
(c)  If the claimant relies on a statute establishing a cause of action and authorizing exemplary damages in specified circumstances or in conjunction with a specified culpable mental state, exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the damages result from the specified circumstances or culpable mental state.
(d)  Exemplary damages may be awarded only if the jury was unanimous in regard to finding liability for and the amount of exemplary damages.
(e)  In all cases where the issue of exemplary damages is submitted to the jury, the following instruction shall be included in the charge of the court:
"You are instructed that, in order for you to find exemplary damages, your answer to the question regarding the amount of such damages must be unanimous."
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 204, Sec. 13.04, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.004. Factors Precluding Recovery

Sec. 41.004.  FACTORS PRECLUDING RECOVERY.  (a)  Except as provided by Subsection (b), exemplary damages may be awarded only if damages other than nominal damages are awarded.
(b)  Exemplary damages may not be awarded to a claimant who elects to have his recovery multiplied under another statute.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 204, Sec. 13.05, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.005. Harm Resulting From Criminal Act

Sec. 41.005.  HARM RESULTING FROM CRIMINAL ACT.  (a)  In an action arising from harm resulting from an assault, theft, or other criminal act, a court may not award exemplary damages against a defendant because of the criminal act of another.
(b)  The exemption provided by Subsection (a) does not apply if:
(1)  the criminal act was committed by an employee of the defendant;
(2)  the defendant is criminally responsible as a party to the criminal act under the provisions of Chapter 7, Penal Code;
(3)  the criminal act occurred at a location where, at the time of the criminal act, the defendant was maintaining a common nuisance under the provisions of Chapter 125, Civil Practice and Remedies Code, and had not made reasonable attempts to abate the nuisance;  or
(4)  the criminal act resulted from the defendant's intentional or knowing violation of a statutory duty under Subchapter D, Chapter 92, Property Code, and the criminal act occurred after the statutory deadline for compliance with that duty.
(c)  In an action arising out of a criminal act committed by an employee, the employer may be liable for punitive damages but only if:
(1)  the principal authorized the doing and the manner of the act;
(2)  the agent was unfit and the principal acted with malice in employing or retaining him;
(3)  the agent was employed in a managerial capacity and was acting in the scope of employment;  or
(4)  the employer or a manager of the employer ratified or approved the act.
Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.006. Award Specific to Defendant

Sec. 41.006.  AWARD SPECIFIC TO DEFENDANT.  In any action in which there are two or more defendants, an award of exemplary damages must be specific as to a defendant, and each defendant is liable only for the amount of the award made against that defendant.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 41.005 by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.007. Prejudgment Interest

Sec. 41.007.  PREJUDGMENT INTEREST.  Prejudgment interest may not be assessed or recovered on an award of exemplary damages.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 41.006 by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.008. Limitation on Amount of Recovery

Sec. 41.008.  LIMITATION ON AMOUNT OF RECOVERY.  (a)  In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from the amount of other compensatory damages.
(b)  Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of:
(1)(A) two times the amount of economic damages;  plus
(B)  an amount equal to any noneconomic damages found by the jury, not to exceed $750,000;  or
(2)  $200,000.
(c)  This section does not apply to a cause of action against a defendant from whom a plaintiff seeks recovery of exemplary damages based on conduct described as a felony in the following sections of the Penal Code if, except for Sections 49.07 and 49.08, the conduct was committed knowingly or intentionally:
(1)  Section 19.02 (murder);
(2)  Section 19.03 (capital murder);
(3)  Section 20.04 (aggravated kidnapping);
(4)  Section 22.02 (aggravated assault);
(5)  Section 22.011 (sexual assault);
(6)  Section 22.021 (aggravated sexual assault);
(7)  Section 22.04 (injury to a child, elderly individual, or disabled individual, but not if the conduct occurred while providing health care as defined by Section 74.001 of this code);
(8)  Section 32.21 (forgery);
(9)  Section 32.43 (commercial bribery);
(10)  Section 32.45 (misapplication of fiduciary property or property of financial institution);
(11)  Section 32.46 (fraudulent securing of document execution);
(12)  Section 32.47 (fraudulent destruction, removal, or concealment of writing);
(13)  Chapter 31 (theft) the punishment level for which is a felony of the third degree or higher;
(14)  Section 49.07 (intoxication assault);
(15)  Section 49.08 (intoxication manslaughter);
(16)  Section 21.02 (continuous sexual abuse of young child or disabled individual); or
(17)  Chapter 20A (trafficking of persons).
(d)  In this section, "intentionally" and "knowingly" have the same meanings assigned those terms in Sections 6.03(a) and (b), Penal Code.
(e)  The provisions of this section may not be made known to a jury by any means, including voir dire, introduction into evidence, argument, or instruction.
(f)  This section does not apply to a cause of action for damages arising from the manufacture of methamphetamine as described by Chapter 99.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987.  Renumbered from Civil Practice & Remedies Code Sec. 41.007 and amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 643, Sec. 3, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 204, Sec. 13.06, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.03, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 309 (H.B. 533), Sec. 2, eff. June 19, 2009.
Acts 2021, 87th Leg., R.S., Ch. 221 (H.B. 375), Sec. 2.03, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 837 (S.B. 109), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.009. Bifurcated Trial

Sec. 41.009.  BIFURCATED TRIAL.  (a)  On motion by a defendant, the court shall provide for a bifurcated trial under this section.  A motion under this subsection shall be made prior to voir dire examination of the jury or at a time specified by a pretrial court order issued under Rule 166, Texas Rules of Civil Procedure.
(b)  In an action with more than one defendant, the court shall provide for a bifurcated trial on motion of any defendant.
(c)  In the first phase of a bifurcated trial, the trier of fact shall determine:
(1)  liability for compensatory and exemplary damages;  and
(2)  the amount of compensatory damages.
(d)  If liability for exemplary damages is established during the first phase of a bifurcated trial, the trier of fact shall, in the second phase of the trial, determine the amount of exemplary damages to be awarded, if any.
Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.010. Considerations in Making Award

Sec. 41.010.  CONSIDERATIONS IN MAKING AWARD.  (a)  Before making an award of exemplary damages, the trier of fact shall consider the definition and purposes of exemplary damages as provided by Section 41.001.
(b)  Subject to Section 41.008, the determination of whether to award exemplary damages and the amount of exemplary damages to be awarded is within the discretion of the trier of fact.
Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 204, Sec. 13.07, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.0105. Evidence Relating to Amount of Economic Damages

Sec. 41.0105.  EVIDENCE RELATING TO AMOUNT OF ECONOMIC DAMAGES.  In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 13.08, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.011. Evidence Relating to Amount of Exemplary Damages

Sec. 41.011.  EVIDENCE RELATING TO AMOUNT OF EXEMPLARY DAMAGES.  (a)  In determining the amount of exemplary damages, the trier of fact shall consider evidence, if any, relating to:
(1)  the nature of the wrong;
(2)  the character of the conduct involved;
(3)  the degree of culpability of the wrongdoer;
(4)  the situation and sensibilities of the parties concerned;
(5)  the extent to which such conduct offends a public sense of justice and propriety;  and
(6)  the net worth of the defendant.
(b)  Evidence that is relevant only to the amount of exemplary damages that may be awarded is not admissible during the first phase of a bifurcated trial.
Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.0115. Discovery of Evidence of Net Worth for Exemplary Damages Claim

Sec. 41.0115.  DISCOVERY OF EVIDENCE OF NET WORTH FOR EXEMPLARY DAMAGES CLAIM.  (a)  On the motion of a party and after notice and a hearing, a trial court may authorize discovery of evidence of a defendant's net worth if the court finds in a written order that the claimant has demonstrated a substantial likelihood of success on the merits of a claim for exemplary damages.  Evidence submitted by a party to the court in support of or in opposition to a motion made under this subsection may be in the form of an affidavit or a response to discovery.
(b)  If a trial court authorizes discovery under Subsection (a), the court's order may only authorize use of the least burdensome method available to obtain the net worth evidence.
(c)  When reviewing an order authorizing or denying discovery of net worth evidence under this section, the reviewing court may consider only the evidence submitted by the parties to the trial court in support of or in opposition to the motion described by Subsection (a).
(d)  If a party requests net worth discovery under this section, the court shall presume that the requesting party has had adequate time for the discovery of facts relating to exemplary damages for purposes of allowing the party from whom net worth discovery is sought to move for summary judgment on the requesting party's claim for exemplary damages under Rule 166a(i), Texas Rules of Civil Procedure.
Added by Acts 2015, 84th Leg., R.S., Ch. 1159 (S.B. 735), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.012. Jury Instructions

Sec. 41.012.  JURY INSTRUCTIONS.  In a trial to a jury, the court shall instruct the jury with regard to Sections 41.001, 41.003, 41.010, and 41.011.
Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.013. Judicial Review of Award

Sec. 41.013.  JUDICIAL REVIEW OF AWARD.  (a)  Except as provided for in Subsection (b), an appellate court that reviews the evidence with respect to a finding by a trier of fact concerning liability for exemplary damages or with respect to the amount of exemplary damages awarded shall state, in a written opinion, the court's reasons for upholding or disturbing the finding or award.  The written opinion shall address the evidence or lack of evidence with specificity, as it relates to the liability for or amount of exemplary damages, in light of the requirements of this chapter.
(b)  This section does not apply to the supreme court with respect to its consideration of an application for writ of error.
Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 41 - Damages › Section 41.014. Interest on Damages Subject to Medicare Subrogation

Sec. 41.014.  INTEREST ON DAMAGES SUBJECT TO MEDICARE SUBROGATION.  (a)  Subject to this section, postjudgment interest does not accrue on the unpaid balance of an award of damages to a plaintiff attributable to any portion of the award to which the United States has a subrogation right under 42 U.S.C. Section 1395y(b)(2)(B) before the defendant receives a recovery demand letter issued by the Centers for Medicare and Medicaid Services or a designated contractor under 42 C.F.R. Section 411.22.
(b)  Postjudgment interest under this section does not accrue if the defendant pays the unpaid balance before the 31st day after the date the defendant receives the recovery demand letter.
(c)  If the defendant appeals the award of damages, this section does not apply.
(d)  This section does not prevent the accrual of postjudgment interest on any portion of an award to which the United States does not have a subrogation right under 42 U.S.C. Section 1395y(b)(2)(B).
Added by Acts 2013, 83rd Leg., R.S., Ch. 870 (H.B. 658), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 42 - Settlement › Section 42.001. Definitions

Sec. 42.001.  DEFINITIONS.  In this chapter:
(1)  "Claim" means a request, including a counterclaim, cross-claim, or third-party claim, to recover monetary damages.
(2)  "Claimant" means a person making a claim.
(3)  "Defendant" means a person from whom a claimant seeks recovery on a claim, including a counterdefendant, cross-defendant, or third-party defendant.
(4)  "Governmental unit" means the state, a unit of state government, or a political subdivision of this state.
(5)  "Litigation costs" means money actually spent and obligations actually incurred that are directly related to the action in which a settlement offer is made. The term includes:
(A)  court costs;
(B)  reasonable deposition costs;
(C)  reasonable fees for not more than two testifying expert witnesses; and
(D)  reasonable attorney's fees.
(6)  "Settlement offer" means an offer to settle or compromise a claim made in compliance with Section 42.003.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 4.01, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 42 - Settlement › Section 42.002. Applicability and Effect

Sec. 42.002.  APPLICABILITY AND EFFECT.  (a)  The settlement procedures provided in this chapter apply only to claims for monetary relief.
(b)  This chapter does not apply to:
(1)  a class action;
(2)  a shareholder's derivative action;
(3)  an action by or against a governmental unit;
(4)  an action brought under the Family Code;
(5)  an action to collect workers' compensation benefits under Subtitle A, Title 5, Labor Code; or
(6)  an action filed in a justice of the peace court or a small claims court.
(c)  This chapter does not apply until a defendant files a declaration that the settlement procedure allowed by this chapter is available in the action.  If there is more than one defendant, the settlement procedure allowed by this chapter is available only in relation to the defendant that filed the declaration and to the parties that make or receive offers of settlement in relation to that defendant.
(d)  This chapter does not limit or affect the ability of any person to:
(1)  make an offer to settle or compromise a claim that does not comply with Section 42.003; or
(2)  offer to settle or compromise a claim in an action to which this chapter does not apply.
(e)  An offer to settle or compromise that does not comply with Section 42.003 or an offer to settle or compromise made in an action to which this chapter does not apply does not entitle any party to recover litigation costs under this chapter.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 4.02, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 42 - Settlement › Section 42.003. Making Settlement Offer

Sec. 42.003.  MAKING SETTLEMENT OFFER.  (a)  A settlement offer must:
(1)  be in writing;
(2)  state that it is made under this chapter;
(3)  state the terms by which the claims may be settled;
(4)  state a deadline by which the settlement offer must be accepted; and
(5)  be served on all parties to whom the settlement offer is made.
(b)  The parties are not required to file a settlement offer with the court.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 4.03, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 42 - Settlement › Section 42.004. Awarding Litigation Costs

Sec. 42.004.  AWARDING LITIGATION COSTS.  (a)  If a settlement offer is made and rejected and the judgment to be rendered will be significantly less favorable to the rejecting party than was the settlement offer, the offering party shall recover litigation costs from the rejecting party.
(b)  A judgment will be significantly less favorable to the rejecting party than is the settlement offer if:
(1)  the rejecting party is a claimant and the award will be less than 80 percent of the rejected offer;  or
(2)  the rejecting party is a defendant and the award will be more than 120 percent of the rejected offer.
(c)  The litigation costs that may be recovered by the offering party under this section are limited to those litigation costs incurred by the offering party after the date the rejecting party rejected the settlement offer.
(d)  The litigation costs that may be awarded under this chapter to any party may not be greater than the total amount that the claimant recovers or would recover before adding an award of litigation costs under this chapter in favor of the claimant or subtracting as an offset an award of litigation costs under this chapter in favor of the defendant.
(e)  If a claimant or defendant is entitled to recover fees and costs under another law, that claimant or defendant may not recover litigation costs in addition to the fees and costs recoverable under the other law.
(f)  If a claimant or defendant is entitled to recover fees and costs under another law, the court must not include fees and costs incurred by that claimant or defendant after the date of rejection of the settlement offer when calculating the amount of the judgment to be rendered under Subsection (a).
(g)  If litigation costs are to be awarded against a claimant, those litigation costs shall be awarded to the defendant in the judgment as an offset against the claimant's recovery from that defendant.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 203 (H.B. 274), Sec. 4.04, eff. September 1, 2011.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 42 - Settlement › Section 42.005. Supreme Court to Make Rules

Sec. 42.005.  SUPREME COURT TO MAKE RULES.  (a)  The supreme court shall promulgate rules implementing this chapter.  The rules must be limited to settlement offers made under this chapter.  The rules must be in effect on January 1, 2004.
(b)  The rules promulgated by the supreme court must provide:
(1)  the date by which a defendant or defendants must file the declaration required by Section 42.002(c);
(2)  the date before which a party may not make a settlement offer;
(3)  the date after which a party may not make a settlement offer;  and
(4)  procedures for:
(A)  making an initial settlement offer;
(B)  making successive settlement offers;
(C)  withdrawing a settlement offer;
(D)  accepting a settlement offer;
(E)  rejecting a settlement offer;  and
(F)  modifying the deadline for making, withdrawing, accepting, or rejecting a settlement offer.
(c)  The rules promulgated by the supreme court must address actions in which there are multiple parties and must provide that if the offering party joins another party or designates a responsible third party after making the settlement offer, the party to whom the settlement offer was made may declare the offer void.
(d)  The rules promulgated by the supreme court may:
(1)  designate other actions to which the settlement procedure of this chapter does not apply;  and
(2)  address other matters considered necessary by the supreme court to the implementation of this chapter.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 2.01, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 43 - Principal and Surety › Section 43.001. Definition

Sec. 43.001.  DEFINITION.  In this chapter, "surety" includes:
(1)  an endorser, a guarantor, and a drawer of a draft that has been accepted; and
(2)  every other form of suretyship, whether created by express contract or by operation of law.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 43 - Principal and Surety › Section 43.002. Suit on Accrued Right of Action

Sec. 43.002.  SUIT ON ACCRUED RIGHT OF ACTION.  (a)  When a right of action accrues on a contract for the payment of money or performance of an act, a surety on the contract may, by written notice, require the obligee to without delay bring a suit on the contract.
(b)  A surety who provides notice to an obligee under Subsection (a) is discharged from all liability on the contract if the obligee:
(1)  is not under a legal disability; and
(2)  does not:
(A)  bring a suit on the contract during:
(i)  the first term of court after receipt of the notice; or
(ii)  the second term of court if good cause is shown for the delay; or
(B)  prosecute the suit to judgment and execution.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 43 - Principal and Surety › Section 43.003. Priority of Execution

Sec. 43.003.  PRIORITY OF EXECUTION.  (a)  If a judgment granted against two or more defendants finds a suretyship relationship between or among the defendants, the court shall order the sheriff to levy the execution in the following order:
(1)  against the principal's property located in the county where the judgment was granted;
(2)  if the sheriff cannot find enough of the principal's property in that county to satisfy the execution, against as much of the principal's property as the sheriff finds; and
(3)  against as much of the surety's property as is necessary to make up the balance of the amount shown in the writ of execution.
(b)  The clerk shall note the order to the sheriff on the writ of execution.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 43 - Principal and Surety › Section 43.004. Subrogation Rights of Surety

Sec. 43.004.  SUBROGATION RIGHTS OF SURETY.  (a)  A judgment is not discharged by a surety's payment of the judgment in whole or part if the payment:
(1)  is compelled; or
(2)  if made voluntarily, is applied to the judgment because of the suretyship relationship.
(b)  A surety who pays on a judgment as described by Subsection (a) is subrogated to all of the judgment creditor's rights under the judgment.  A subrogated surety is entitled to execution on the judgment against:
(1)  the principal's property for the amount of the surety's payment, plus interest and costs; and
(2)  if there is more than one surety, both the principal's property and the property of the cosurety or cosureties for the amount by which the surety's payment exceeds the surety's proportionate share of the judgment, plus interest and costs.
(c)  A subrogated surety seeking execution on the judgment under Subsection (b) shall apply for execution to the clerk or court.  The execution shall be levied, collected, and returned as in other cases.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle C - Judgments › Chapter 43 - Principal and Surety › Section 43.005. Officer Treated as Surety

Sec. 43.005.  OFFICER TREATED AS SURETY.  (a)  An officer has the rights of a surety provided by Section 43.004 if the officer is compelled to pay a judgment in whole or part because of the officer's default.
(b)  An officer does not have the rights of a surety provided by Section 43.004 if the officer:
(1)  does not pay over money collected; or
(2)  wastes property that is levied on by the officer or is in the officer's possession.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.11, eff. April 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 51 - Appeals › Subchapter A. Appeals From Justice Court › Section 51.001. Appeal From Justice Court to County or District Court

Sec. 51.001.  APPEAL FROM JUSTICE COURT TO COUNTY OR DISTRICT COURT.  (a)  In a case tried in justice court in which the judgment or amount in controversy exceeds $250, exclusive of costs, or in which the appeal is expressly provided by law, a party to a final judgment may appeal to the county court.
(b)  In a county in which the civil jurisdiction of the county court has been transferred to the district court, a party to a final judgment in a case covered by this section may appeal to the district court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 553 (S.B. 1413), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 51 - Appeals › Subchapter A. Appeals From Justice Court › Section 51.002. Certiorari From Justice Court

Sec. 51.002.  CERTIORARI FROM JUSTICE COURT.  (a)  After final judgment in a case tried in justice court in which the judgment or amount in controversy exceeds $250, exclusive of costs, a person may remove the case from the justice court to the county court by writ of certiorari.
(b)  In a county in which the civil jurisdiction of the county court has been transferred from the county court to the district court, a person may remove a case covered by this section from the justice court to the district court by writ of certiorari.
(c)  If a writ of certiorari to remove a case is served on a justice of the peace, the justice shall immediately make a certified copy of the entries made on his docket and of the bill of costs, as provided in cases of appeals, and shall immediately send them and the original papers in the case to the clerk of the county or district court, as appropriate.
(d)  This section does not apply to a case of forcible entry and detainer.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 553 (S.B. 1413), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 51 - Appeals › Subchapter B. Appeals From County or District Court › Section 51.011. Appeal From County or District Court After Certiorari From Justice Court

Sec. 51.011.  APPEAL FROM COUNTY OR DISTRICT COURT AFTER CERTIORARI FROM JUSTICE COURT.  If a county or district court hears a case on certiorari from a justice court, a person may take an appeal or writ of error from the judgment of the county or district court.  The appeal or writ of error is subject to the rules that apply in a case appealed from a justice court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 51 - Appeals › Subchapter B. Appeals From County or District Court › Section 51.012. Appeal or Writ of Error to Court of Appeals

Sec. 51.012.  APPEAL OR WRIT OF ERROR TO COURT OF APPEALS.  In a civil case in which the judgment or amount in controversy exceeds $250, exclusive of interest and costs, a person may take an appeal or writ of error to the court of appeals from a final judgment of the district or county court.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 51 - Appeals › Subchapter B. Appeals From County or District Court › Section 51.013. Time for Taking Writ of Error to Court of Appeals

Sec. 51.013.  TIME FOR TAKING WRIT OF ERROR TO COURT OF APPEALS.  In a case in which a writ of error to the court of appeals is allowed, the writ of error may be taken at any time within six months after the date the final judgment is rendered.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 51 - Appeals › Subchapter B. Appeals From County or District Court › Section 51.015. Costs of Appeal

Sec. 51.015.  COSTS OF APPEAL.  In the case of an appeal brought pursuant to Section 51.014(a)(6), if the order appealed from is affirmed, the court of appeals shall order the appellant to pay all costs and reasonable attorney fees of the appeal; otherwise, each party shall be liable for and taxed its own costs of the appeal.
Added by Acts 1993, 73rd Leg., ch. 855, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 4.003, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 51 - Appeals › Subchapter B. Appeals From County or District Court › Section 51.016. Appeal Arising Under Federal Arbitration Act

Sec. 51.016.  APPEAL ARISING UNDER FEDERAL ARBITRATION ACT.  In a matter subject to the Federal Arbitration Act (9 U.S.C. Section 1 et seq.), a person may take an appeal or writ of error to the court of appeals from the judgment or interlocutory order of a district court, county court at law, or county court under the same circumstances that an appeal from a federal district court's order or decision would be permitted by 9 U.S.C. Section 16.
Added by Acts 2009, 81st Leg., R.S., Ch. 820 (S.B. 1650), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 51 - Appeals › Subchapter B. Appeals From County or District Court › Section 51.017. Service of Notice on Court Reporter

Sec. 51.017.  SERVICE OF NOTICE ON COURT REPORTER.  (a)  In addition to requirements for service of notice of appeal imposed by Rule 25.1(e), Texas Rules of Appellate Procedure, notice of appeal, including an interlocutory appeal, must be served on each court reporter responsible for preparing the reporter's record.
(b)  Notwithstanding Section 22.004, Government Code, the supreme court may not amend or adopt rules in conflict with this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 7.02, eff. September 1, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 51 - Appeals › Subchapter B. Appeals From County or District Court › Section 51.018. Appendix in Lieu of Clerk's Record

Sec. 51.018.  APPENDIX IN LIEU OF CLERK'S RECORD.  (a)  Not later than the 10th day after the date that a party files a notice of appeal for a civil suit, the party may notify the trial court and the court of appeals that the party will file an appendix that replaces the clerk's record for the appeal.
(b)  The party must file the appendix with the party's appellate brief.  Except in an expedited proceeding or by order of the court, the brief and appendix must be filed not later than the 30th day after the later of:
(1)  the date that the party provided notice under Subsection (a); or
(2)  the date that a reporter's record, if any, is filed with the court of appeals.
(c)  An appendix filed under this section must contain a file-stamped copy of each document required by Rule 34.5, Texas Rules of Appellate Procedure, for a civil suit and any other item the party intends to reference in the party's brief.  The appendix may not contain a document that has not been filed with the trial court except by agreement of the parties to the appeal.
(d)  An appendix filed in accordance with this section becomes part of the appellate record. A court clerk may not prepare or file a clerk's record or assess a fee for preparing a clerk's record if a party files an appendix in accordance with this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 17.001(a), eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 52 - Security for Judgments Pending Appeal › Section 52.001. Definition

Sec. 52.001.  DEFINITION.  In this chapter, "security" means a bond or deposit posted, as provided by the Texas Rules of Appellate Procedure, by a judgment debtor to suspend execution of the judgment during appeal of the judgment.
Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 52 - Security for Judgments Pending Appeal › Section 52.005. Conflict With Texas Rules of Appellate Procedure

Sec. 52.005.  CONFLICT WITH TEXAS RULES OF APPELLATE PROCEDURE.  (a)  To the extent that this chapter conflicts with the Texas Rules of Appellate Procedure, this chapter controls.
(b)  Notwithstanding Section 22.004, Government Code, the supreme court may not adopt rules in conflict with this chapter.
(c)  The Texas Rules of Appellate Procedure apply to any proceeding, cause of action, or claim to which Section 52.002 does not apply.
Added by Acts 1989, 71st Leg., ch. 1178, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 52 - Security for Judgments Pending Appeal › Section 52.006. Amount of Security for Money Judgment

Sec. 52.006.  AMOUNT OF SECURITY FOR MONEY JUDGMENT.  (a)  Subject to Subsection (b), when a judgment is for money, the amount of security must equal the sum of:
(1)  the amount of compensatory damages awarded in the judgment;
(2)  interest for the estimated duration of the appeal;  and
(3)  costs awarded in the judgment.
(b)  Notwithstanding any other law or rule of court, when a judgment is for money, the amount of security must not exceed the lesser of:
(1)  50 percent of the judgment debtor's net worth;  or
(2)  $25 million.
(c)  On a showing by the judgment debtor that the judgment debtor is likely to suffer substantial economic harm if required to post security in an amount required under Subsection (a) or (b), the trial court shall lower the amount of the security to an amount that will not cause the judgment debtor substantial economic harm.
(d)  An appellate court may review the amount of security as allowed under Rule 24, Texas Rules of Appellate Procedure, except that when a judgment is for money, the appellate court may not modify the amount of security to exceed the amount allowed under this section.
(e)  Nothing in this section prevents a trial court from enjoining the judgment debtor from dissipating or transferring assets to avoid satisfaction of the judgment, but the trial court may not make any order that interferes with the judgment debtor's use, transfer, conveyance, or dissipation of assets in the normal course of business.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 7.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 2 - Trial, Judgment, and Appeal › Subtitle D - Appeals › Chapter 52 - Security for Judgments Pending Appeal › Section 52.007. Alternative Security in Certain Cases

Sec. 52.007.  ALTERNATIVE SECURITY IN CERTAIN CASES.  (a)  This section applies only to a judgment debtor with a net worth of less than $10 million.
(b)  On a showing by the judgment debtor that posting security in the amount required under Section 52.006(a) or (b) would require the judgment debtor to substantially liquidate the judgment debtor's interests in real or personal property necessary to the normal course of the judgment debtor's business, the trial court shall allow the judgment debtor to post alternative security with a value sufficient to secure the judgment.
(c)  During an appeal, the judgment debtor shall continue to manage, use, and receive earnings from interests in real or personal property in the normal course of business.
(d)  If an appellate court reduces the amount of the judgment that the trial court used to set security, the judgment debtor is entitled, pending appeal of the judgment to a court of last resort, to a redetermination of the amount of security required to suspend enforcement of a judgment under Section 52.006 or under Rule 24, Texas Rules of Appellate Procedure.
Added by Acts 2023, 88th Leg., R.S., Ch. 763 (H.B. 4381), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter A. Availability of Remedy › Section 61.001. General Grounds

Sec. 61.001.  GENERAL GROUNDS.  A writ of original attachment is available to a plaintiff in a suit if:
(1)  the defendant is justly indebted to the plaintiff;
(2)  the attachment is not sought for the purpose of injuring or harassing the defendant;
(3)  the plaintiff will probably lose his debt unless the writ of attachment is issued;  and
(4)  specific grounds for the writ exist under Section 61.002.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 3 - Extraordinary Remedies › Chapter 61 - Attachment › Subchapter A. Availability of Remedy › Section 61.002. Specific Grounds

Sec. 61.002.  SPECIFIC GROUNDS.  Attachment is available if:
(1)  the defendant is not a resident of this state or is a foreign corporation or is acting as such;
(2)  the defendant is about to move from this state permanently and has refused to pay or secure the debt due the plaintiff;
(3)  the defendant is in hiding so that ordinary process of law cannot be served on him;
(4)  the defendant has hidden or is about to hide his property for the purpose of defrauding his creditors;
(5)  the defendant is about to remove his property from this state without leaving an amount sufficient to pay his debts;
(6)  the defendant is about to remove all or part of his property from the county in which the suit is brought with the intent to defraud his creditors;
(7)  the defendant has disposed of or is about to dispose of all or part of his property with the intent to defraud his creditors;
(8)  the defendant is about to convert all or part of his property into money for the purpose of placing it beyond the reach of his creditors;  or
(9)  the defendant owes the plaintiff for property obtained by the defendant under false pretenses.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.