reglab/statecodes huggingface dataset:
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 82 - Products Liability › Section 82.003. Liability of Nonmanufacturing Sellers

Sec. 82.003.  LIABILITY OF NONMANUFACTURING SELLERS.  (a)  A seller that did not manufacture a product is not liable for harm caused to the claimant by that product unless the claimant proves:
(1)  that the seller participated in the design of the product;
(2)  that the seller altered or modified the product and the claimant's harm resulted from that alteration or modification;
(3)  that the seller installed the product, or had the product installed, on another product and the claimant's harm resulted from the product's installation onto the assembled product;
(4)  that:
(A)  the seller exercised substantial control over the content of a warning or instruction that accompanied the product;
(B)  the warning or instruction was inadequate;  and
(C)  the claimant's harm resulted from the inadequacy of the warning or instruction;
(5)  that:
(A)  the seller made an express factual representation about an aspect of the product;
(B)  the representation was incorrect;
(C)  the claimant relied on the representation in obtaining or using the product;  and
(D)  if the aspect of the product had been as represented, the claimant would not have been harmed by the product or would not have suffered the same degree of harm;
(6)  that:
(A)  the seller actually knew of a defect to the product at the time the seller supplied the product;  and
(B)  the claimant's harm resulted from the defect;  or
(7)  that the manufacturer of the product is:
(A)  insolvent;  or
(B)  not subject to the jurisdiction of the court.
(b)  This section does not apply to a manufacturer or seller whose liability in a products liability action is governed by Chapter 2301, Occupations Code.  In the event of a conflict, Chapter 2301, Occupations Code, prevails over this section.
(c)  If after service on a nonresident manufacturer through the secretary of state in the manner prescribed by Subchapter C, Chapter 17, the manufacturer fails to answer or otherwise make an appearance in the time required by law, it is conclusively presumed for the purposes of Subsection (a)(7)(B) that the manufacturer is not subject to the jurisdiction of the court unless the seller is able to secure personal jurisdiction over the manufacturer in the action.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 5.02, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 2(a), eff. September 1, 2009.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 82 - Products Liability › Section 82.004. Inherently Unsafe Products

Sec. 82.004.  INHERENTLY UNSAFE PRODUCTS.  (a)  In a products liability action, a manufacturer or seller shall not be liable if:
(1)  the product is inherently unsafe and the product is known to be unsafe by the ordinary consumer who consumes the product with the ordinary knowledge common to the community; and
(2)  the product is a common consumer product intended for personal consumption, such as:
(A) sugar, castor oil, alcohol, tobacco, and butter, as identified in Comment i to Section 402A of the Restatement (Second) of Torts; or
(B)  an oyster.
(b)  For purposes of this section, the term "products liability action" does not include an action based on manufacturing defect or breach of an express warranty.
Added by Acts 1993, 73rd Leg., ch. 5, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1146 (S.B. 791), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 82 - Products Liability › Section 82.005. Design Defects

Sec. 82.005.  DESIGN DEFECTS.  (a)  In a products liability action in which a claimant alleges a design defect, the burden is on the claimant to prove by a preponderance of the evidence that:
(1)  there was a safer alternative design;  and
(2)  the defect was a producing cause of the personal injury, property damage, or death for which the claimant seeks recovery.
(b)  In this section, "safer alternative design" means a product design other than the one actually used that in reasonable probability:
(1)  would have prevented or significantly reduced the risk of the claimant's personal injury, property damage, or death without substantially impairing the product's utility;  and
(2)  was economically and technologically feasible at the time the product left the control of the manufacturer or seller by the application of existing or reasonably achievable scientific knowledge.
(c)  This section does not supersede or modify any statute, regulation, or other law of this state or of the United States that relates to liability for, or to relief in the form of, abatement of nuisance, civil penalties, cleanup costs, cost recovery, an injunction, or restitution that arises from contamination or pollution of the environment.
(d)  This section does not apply to:
(1)  a cause of action based on a toxic or environmental tort as defined by Sections 33.013(c)(2) and (3);  or
(2)  a drug or device, as those terms are defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 321).
(e)  This section is not declarative, by implication or otherwise, of the common law with respect to any product and shall not be construed to restrict the courts of this state in developing the common law with respect to any product which is not subject to this section.
Added by Acts 1993, 73rd Leg., ch. 5, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 82 - Products Liability › Section 82.006. Firearms and Ammunition

Sec. 82.006.  FIREARMS AND AMMUNITION.  (a)  In a products liability action brought against a manufacturer or seller of a firearm or ammunition that alleges a design defect in the firearm or ammunition, the burden is on the claimant to prove, in addition to any other elements that the claimant must prove, that:
(1)  the actual design of the firearm or ammunition was defective, causing the firearm or ammunition not to function in a manner reasonably expected by an ordinary consumer of firearms or ammunition;  and
(2)  the defective design was a producing cause of the personal injury, property damage, or death.
(b)  The claimant may not prove the existence of the defective design by a comparison or weighing of the benefits of the firearm or ammunition against the risk of personal injury, property damage, or death posed by its potential to cause such injury, damage, or death when discharged.
Added by Acts 1993, 73rd Leg., ch. 5, Sec. 1, eff. Sept. 1, 1993.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 82 - Products Liability › Section 82.007. Medicines

Sec. 82.007.  MEDICINES.  (a)  In a products liability action alleging that an injury was caused by a failure to provide adequate warnings or information with regard to a pharmaceutical product, there is a rebuttable presumption that the defendant or defendants, including a health care provider, manufacturer, distributor, and prescriber, are not liable with respect to the allegations involving failure to provide adequate warnings or information if:
(1)  the warnings or information that accompanied the product in its distribution were those approved by the United States Food and Drug Administration for a product approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.), as amended, or Section 351, Public Health Service Act (42 U.S.C. Section 262), as amended;  or
(2)  the warnings provided were those stated in monographs developed by the United States Food and Drug Administration for pharmaceutical products that may be distributed without an approved new drug application.
(b)  The claimant may rebut the presumption in Subsection (a) as to each defendant by establishing that:
(1)  the defendant, before or after pre-market approval or licensing of the product, withheld from or misrepresented to the United States Food and Drug Administration required information that was material and relevant to the performance of the product and was causally related to the claimant's injury;
(2)  the pharmaceutical product was sold or prescribed in the United States by the defendant after the effective date of an order of the United States Food and Drug Administration to remove the product from the market or to withdraw its approval of the product;
(3)(A) the defendant recommended, promoted, or advertised the pharmaceutical product for an indication not approved by the United States Food and Drug Administration;
(B)  the product was used as recommended, promoted, or advertised;  and
(C)  the claimant's injury was causally related to the recommended, promoted, or advertised use of the product;
(4)(A) the defendant prescribed the pharmaceutical product for an indication not approved by the United States Food and Drug Administration;
(B)  the product was used as prescribed;  and
(C)  the claimant's injury was causally related to the prescribed use of the product;  or
(5)  the defendant, before or after pre-market approval or licensing of the product, engaged in conduct that would constitute a violation of 18 U.S.C. Section 201 and that conduct caused the warnings or instructions approved for the product by the United States Food and Drug Administration to be inadequate.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 5.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 82 - Products Liability › Section 82.008. Compliance With Government Standards

Sec. 82.008.  COMPLIANCE WITH GOVERNMENT STANDARDS.  (a)  In a products liability action brought against a product manufacturer or seller, there is a rebuttable presumption that the product manufacturer or seller is not liable for any injury to a claimant caused by some aspect of the formulation, labeling, or design of a product if the product manufacturer or seller establishes that the product's formula, labeling, or design complied with mandatory safety standards or regulations adopted and promulgated by the federal government, or an agency of the federal government, that were applicable to the product at the time of manufacture and that governed the product risk that allegedly caused harm.
(b)  The claimant may rebut the presumption in Subsection (a) by establishing that:
(1)  the mandatory federal safety standards or regulations applicable to the product were inadequate to protect the public from unreasonable risks of injury or damage;  or
(2)  the manufacturer, before or after marketing the product, withheld or misrepresented information or material relevant to the federal government's or agency's determination of adequacy of the safety standards or regulations at issue in the action.
(c)  In a products liability action brought against a product manufacturer or seller, there is a rebuttable presumption that the product manufacturer or seller is not liable for any injury to a claimant allegedly caused by some aspect of the formulation, labeling, or design of a product if the product manufacturer or seller establishes that the product was subject to pre-market licensing or approval by the federal government, or an agency of the federal government, that the manufacturer complied with all of the government's or agency's procedures and requirements with respect to pre-market licensing or approval, and that after full consideration of the product's risks and benefits the product was approved or licensed for sale by the government or agency.  The claimant may rebut this presumption by establishing that:
(1)  the standards or procedures used in the particular pre-market approval or licensing process were inadequate to protect the public from unreasonable risks of injury or damage;  or
(2)  the manufacturer, before or after pre-market approval or licensing of the product, withheld from or misrepresented to the government or agency information that was material and relevant to the performance of the product and was causally related to the claimant's injury.
(d)  This section does not extend to manufacturing flaws or defects even though the product manufacturer has complied with all quality control and manufacturing practices mandated by the federal government or an agency of the federal government.
(e)  This section does not extend to products covered by Section 82.007.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 5.02, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 82 - Products Liability › Section 82.009. Limited Liability for Failure to Retrofit Certain Rented or Leased Vehicles

Sec. 82.009.  LIMITED LIABILITY FOR FAILURE TO RETROFIT CERTAIN RENTED OR LEASED VEHICLES.  (a)  In this section, "retrofit" means to install new equipment or component parts that were not included in a motor vehicle when the vehicle was manufactured or sold.  The term does not include:
(1)  routine maintenance; or
(2)  repairs to the vehicle:
(A)  as a result of wear and tear; or
(B)  required by damage resulting from an accident or other cause.
(b)  This section applies only to a motor vehicle:
(1)  that has a gross vehicle weight rating or gross vehicle weight of at least 6,000 pounds;
(2)  that is governed by 49 U.S.C. Section 30106; and
(3)  that is not a motor vehicle that was manufactured primarily for use in the transportation of not more than 10 individuals.
(c)  Except as provided by Subsection (d), in any civil action, including a products liability action, alleging negligence, gross negligence, or strict liability, a seller who rents or leases a motor vehicle to which this section applies to another person is not liable for failing to retrofit the vehicle with component parts or equipment, or for failing to select component parts or equipment included in the vehicle, that were not required by applicable federal motor vehicle safety standards under 49 C.F.R. Section 571.1 et seq. in effect at the time the vehicle was manufactured or sold.
(d)  Subsection (c) does not apply if the seller fails to comply with a law or regulation, issued after the seller's motor vehicle was manufactured or sold, requiring a mandatory recall or retrofit of the vehicle.
Added by Acts 2023, 88th Leg., R.S., Ch. 550 (H.B. 4218), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 83 - Use of Force or Deadly Force › Section 83.001. Civil Immunity

Sec. 83.001.  CIVIL IMMUNITY.  A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable.
Added by Acts 1995, 74th Leg., ch. 235, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1 (S.B. 378), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 84 - Charitable Immunity and Liability › Section 84.001. Name of Act

Sec. 84.001.  NAME OF ACT.  This Act may be cited as the Charitable Immunity and Liability Act of 1987.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 84 - Charitable Immunity and Liability › Section 84.002. Findings and Purposes

Sec. 84.002.  FINDINGS AND PURPOSES.  The Legislature of the State of Texas finds that:
(1)  robust, active, bona fide, and well-supported charitable organizations are needed within Texas to perform essential and needed services;
(2)  the willingness of volunteers to offer their services to these organizations is deterred by the perception of personal liability arising out of the services rendered to these organizations;
(3)  because of these concerns over personal liability, volunteers are withdrawing from services in all capacities;
(4)  these same organizations have a further problem in obtaining and affording liability insurance for the organization and its employees and volunteers;
(5)  these problems combine to diminish the services being provided to Texas and local communities because of higher costs and fewer programs;
(6)  the citizens of this state have an overriding interest in the continued and increased delivery of these services that must be balanced with other policy considerations;  and
(7)  because of the above conditions and policy considerations, it is the purpose of this Act to reduce the liability exposure and insurance costs of these organizations and their employees and volunteers in order to encourage volunteer services and maximize the resources devoted to delivering these services.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 84 - Charitable Immunity and Liability › Section 84.004. Volunteer Liability

Sec. 84.004.  VOLUNTEER LIABILITY.  (a)  Except as provided by Subsection (d) and Section 84.007, a volunteer of a charitable organization is immune from civil liability for any act or omission resulting in death, damage, or injury if the volunteer was acting in the course and scope of the volunteer's duties or functions, including as an officer, director, or trustee within the organization.
(b)  Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 18.03(2).
(c)  Except as provided by Subsection (d) and Section 84.007, a volunteer health care provider who is serving as a direct service volunteer of a charitable organization is immune from civil liability for any act or omission resulting in death, damage, or injury to a patient if:
(1)  the volunteer commits the act or omission in the course of providing health care services to the patient;
(2)  the services provided are within the scope of the license of the volunteer;  and
(3)  before the volunteer provides health care services, the patient or, if the patient is a minor or is otherwise legally incompetent, the person responsible for the patient signs a written statement that acknowledges:
(A)  that the volunteer is providing care that is not administered for or in expectation of compensation;  and
(B)  the limitations on the recovery of damages from the volunteer in exchange for receiving the health care services.
(d)  A volunteer of a charitable organization is liable to a person for death, damage, or injury to the person or his property proximately caused by any act or omission arising from the operation or use of any motor-driven equipment, including an airplane, to the extent insurance coverage is required by Chapter 601, Transportation Code, and to the extent of any existing insurance coverage applicable to the act or omission.
(e)  The provisions of this section apply only to the liability of volunteers and do not apply to the liability of the organization for acts or omissions of volunteers.
(f)  Subsection (c) applies even if:
(1)  the patient is incapacitated due to illness or injury and cannot sign the acknowledgment statement required by that subsection;  or
(2)  the patient is a minor or is otherwise legally incompetent and the person responsible for the patient is not reasonably available to sign the acknowledgment statement required by that subsection.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.179, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 400, Sec. 2, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 204, Sec. 10.05, 18.01, 18.03(2), eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 84 - Charitable Immunity and Liability › Section 84.005. Employee Liability

Sec. 84.005.  EMPLOYEE LIABILITY.  Except as provided in Section 84.007 of this Act, in any civil action brought against an employee of a nonhospital charitable organization for damages based on an act or omission by the person in the course and scope of the person's employment, the liability of the employee is limited to money damages in a maximum amount of $500,000 for each person and $1,000,000 for each single occurrence of bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 84 - Charitable Immunity and Liability › Section 84.006. Organization Liability

Sec. 84.006.  ORGANIZATION LIABILITY.  Except as provided in Section 84.007 of this Act, in any civil action brought against a nonhospital charitable organization for damages based on an act or omission by the organization or its employees or volunteers, the liability of the organization is limited to money damages in a maximum amount of $500,000 for each person and $1,000,000 for each single occurrence of bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 84 - Charitable Immunity and Liability › Section 84.0061. Organizational Liability for Transportation Services Provided to Certain Welfare Recipients

Sec. 84.0061.  ORGANIZATIONAL LIABILITY FOR TRANSPORTATION SERVICES PROVIDED TO CERTAIN WELFARE RECIPIENTS.  (a)  In this section, "religious charitable organization" means a charitable organization that is also a "religious organization" as the term is defined by Section 464.051, Health and Safety Code.
(b)  Subject to Subsection (e), a religious charitable organization that owns or leases a motor vehicle is not liable for damages arising from the negligent use of the vehicle by a person to whom the organization has entrusted the vehicle to provide transportation services during the provision of those services described by Subsection (c) to a person who:
(1)  is a recipient of:
(A)  financial assistance under Chapter 31, Human Resources Code;  or
(B)  nutritional assistance under Chapter 33, Human Resources Code;  and
(2)  is participating in or applying to participate in:
(A)  a work or employment activity under Chapter 31, Human Resources Code;  or
(B)  the food stamp employment and training program.
(c)  Transportation services include transportation to and from the location of the:
(1)  work, employment, or any training activity or program;  or
(2)  provider of any child-care services necessary for a person described by Subsection (b)(1) to participate in the work, employment, or training activity or program.
(d)  Except as expressly provided in Subsection (b), this section does not limit, or in any way affect or diminish, other legal duties or causes of action arising from the use of a motor vehicle, including the condition of the vehicle itself and causes of action arising under Chapter 41.
(e)  This section does not apply to any claim arising from injury, death, or property damage in which the operator of the vehicle was intoxicated, as the term is defined in Section 49.01, Penal Code.
Added by Acts 2001, 77th Leg., ch. 991, Sec. 1, eff. June 15, 2001.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 84 - Charitable Immunity and Liability › Section 84.0065. Organization Liability of Hospitals

Sec. 84.0065.  ORGANIZATION LIABILITY OF HOSPITALS.  (a)  Except as provided by Section 84.007, in any civil action brought against a hospital or hospital system, or its employees, officers, directors, or volunteers, for damages based on an act or omission by the hospital or hospital system, or its employees, officers, directors, or volunteers, the liability of the hospital or hospital system is limited to money damages in a maximum amount of $500,000 for any act or omission resulting in death, damage, or injury to a patient if the patient or, if the patient is a minor or is otherwise legally incompetent, the person responsible for the patient signs a written statement that acknowledges:
(1)  that the hospital is providing care that is not administered for or in expectation of compensation;  and
(2)  the limitations on the recovery of damages from the hospital in exchange for receiving the health care services.
(b)  Subsection (a) applies even if:
(1)  the patient is incapacitated due to illness or injury and cannot sign the acknowledgment statement required by that subsection;  or
(2)  the patient is a minor or is otherwise legally incompetent and the person responsible for the patient is not reasonably available to sign the acknowledgment statement required by that subsection.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.06, eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 84 - Charitable Immunity and Liability › Section 84.0066. Liability for Disclosing Sexual Misconduct

Sec. 84.0066.  LIABILITY FOR DISCLOSING SEXUAL MISCONDUCT.  (a)  A charitable organization, or an employee, volunteer, or independent contractor of a charitable organization, acting in good faith, is immune from civil liability for any act to disclose to an individual's current or prospective employer information reasonably believed to be true about an allegation that an individual who was employed by or served as a volunteer or independent contractor for the charitable organization or its associated charitable organizations:
(1)  engaged in sexual misconduct;
(2)  sexually abused another individual;
(3)  sexually harassed another individual; or
(4)  committed an offense under any of the following provisions of the Penal Code:
(A)  Section 20A.02(a)(3), (4), (7), or (8) (sex trafficking of persons);
(B)  Section 20A.03 (continuous trafficking of persons), if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8);
(C)  Section 22.011 (sexual assault) or 22.021 (aggravated sexual assault); or
(D)  Chapter 21 (sexual offenses) or 43 (public indecency).
(b)  Immunity from civil liability under Subsection (a) applies in relation to an allegation described by that subsection that was required to have been reported as abuse under Chapter 261, Family Code, only if the allegation has been, at the time of the act to disclose, previously reported to an appropriate agency under Section 261.103, Family Code.
(c)  An individual is not immune under this section from civil or criminal liability for:
(1)  disclosing the individual's own conduct that constitutes:
(A)  sexual misconduct;
(B)  sexual abuse of another individual;
(C)  sexual harassment of another individual; or
(D)  an offense under any of the following provisions of the Penal Code:
(i)  Section 20A.02(a)(3), (4), (7), or (8) (sex trafficking of persons);
(ii)  Section 20A.03 (continuous trafficking of persons), if based partly or wholly on conduct that constitutes an offense under Section 20A.02(a)(3), (4), (7), or (8);
(iii)  Section 22.011 (sexual assault) or 22.021 (aggravated sexual assault); or
(iv)  Chapter 21 (sexual offenses) or 43 (public indecency); or
(2)  acting in bad faith or with a malicious purpose in making a disclosure described by Subsection (a).
Added by Acts 2019, 86th Leg., R.S., Ch. 925 (H.B. 4345), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 84 - Charitable Immunity and Liability › Section 84.0067. Liability Arising From Provision of Security Services to Religious Organization

Sec. 84.0067.  LIABILITY ARISING FROM PROVISION OF SECURITY SERVICES TO RELIGIOUS ORGANIZATION.  (a)  In this section:
(1)  "Religious organization" means a charitable organization that is a religious organization under Section 110.011(b).
(2)  "Security personnel" means an individual:
(A)  whom a religious organization hires to provide security services to the organization as an employee; or
(B)  who is a volunteer of a religious organization whose duties or functions include providing security services to the organization.
(b)  A religious organization or security personnel of a religious organization is immune from civil liability for any act or omission by the security personnel resulting in death, damage, or injury if the security personnel was acting in the course and scope of the security personnel's employment or volunteer duties or functions, as applicable, to provide security services to the organization, including:
(1)  notwithstanding Section 84.007(a), an intentional act; and
(2)  an act involving possession or use of a firearm.
Added by Acts 2023, 88th Leg., R.S., Ch. 1138 (S.B. 694), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 84 - Charitable Immunity and Liability › Section 84.008. Severability

Sec. 84.008.  SEVERABILITY.  If any clause or provision of this chapter or its application to any person or organization is held unconstitutional, such invalidity does not affect other clauses, provisions, or applications of this chapter that can be given effect without the invalid clause or provision and shall not affect or nullify the remainder of the Act or any other clause or provision, but the effect shall be confined to the clause or provision held to be invalid or unconstitutional and to this end the Act is declared to be severable.
Added by Acts 1987, 70th Leg., ch. 370, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 85 - Liability for Stalking › Section 85.001. Definitions

Sec. 85.001.  DEFINITIONS.  In this chapter:
(1)  "Claimant" means a party seeking to recover damages under this chapter, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff.  In an action in which a party seeks recovery of damages under this chapter on behalf of another person, 'claimant' includes both that other person and the party seeking recovery of damages.
(2)  "Defendant" includes any party from whom a claimant seeks recovery of damages under this chapter.
(3)  "Family" has the meaning assigned by Section 71.003, Family Code.
(4)  "Harassing behavior" means conduct by the defendant directed specifically toward the claimant, including following the claimant, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the claimant.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 83.001 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 7.002(b), eff. Sept. 1, 2003.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 85 - Liability for Stalking › Section 85.002. Liability

Sec. 85.002.  LIABILITY.  A defendant is liable, as provided by this chapter, to a claimant for damages arising from stalking of the claimant by the defendant.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 83.002 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 85 - Liability for Stalking › Section 85.003. Proof

Sec. 85.003.  PROOF.  (a)  A claimant proves stalking against a defendant by showing:
(1)  on more than one occasion the defendant engaged in harassing behavior;
(2)  as a result of the harassing behavior, the claimant reasonably feared for the claimant's safety or the safety of a member of the claimant's family;  and
(3)  the defendant violated a restraining order prohibiting harassing behavior or:
(A)  the defendant, while engaged in harassing behavior, by acts or words threatened to inflict bodily injury on the claimant or to commit an offense against the claimant, a member of the claimant's family, or the claimant's property;
(B)  the defendant had the apparent ability to carry out the threat;
(C)  the defendant's apparent ability to carry out the threat caused the claimant to reasonably fear for the claimant's safety or the safety of a family member;
(D)  the claimant at least once clearly demanded that the defendant stop the defendant's harassing behavior;
(E)  after the demand to stop by the claimant, the defendant continued the harassing behavior;  and
(F)  the harassing behavior has been reported to the police as a stalking offense.
(b)  The claimant must, as part of the proof of the behavior described by Subsection (a)(1), submit evidence other than evidence based on the claimant's own perceptions and beliefs.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 83.003 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 85 - Liability for Stalking › Section 85.004. Damages

Sec. 85.004.  DAMAGES.  A claimant who prevails in a suit under this chapter may recover actual damages and, subject to Chapter 41, exemplary damages.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 83.004 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 85 - Liability for Stalking › Section 85.005. Defense

Sec. 85.005.  DEFENSE.  It is a defense to an action brought under this chapter that the defendant was engaged in conduct that consisted of activity in support of constitutionally or statutorily protected rights.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 83.005 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 85 - Liability for Stalking › Section 85.006. Cause of Action Cumulative

Sec. 85.006.  CAUSE OF ACTION CUMULATIVE.  The cause of action created by this chapter is cumulative of any other remedy provided by common law or statute.
Added by Acts 1995, 74th Leg., ch. 662, Sec. 1, eff. June 14, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 83.006 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(7), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 86 - Liability for Certain Injuries to Convicted Persons › Section 86.001. Definition

Sec. 86.001.  DEFINITION.  In this chapter, "claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, or third-party claimant, seeking recovery of damages.
Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 87.001 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 86 - Liability for Certain Injuries to Convicted Persons › Section 86.002. Recovery of Damages for Injury to Convicted Person Prohibited

Sec. 86.002.  RECOVERY OF DAMAGES FOR INJURY TO CONVICTED PERSON PROHIBITED.  (a)  A claimant who has been convicted of a felony or misdemeanor may not recover damages for an injury sustained during the commission of the felony or misdemeanor if the injury would not have been sustained but for the commission of the felony or misdemeanor.
(b)  Subsection (a) does not bar the claimant from recovering damages if the claimant shows that:
(1)  the damages arose from an act entirely separate from any act intended to result in the:
(A)  prevention of the commission of a felony or misdemeanor by the claimant;  or
(B)  apprehension of the claimant during or immediately after the commission of the felony or misdemeanor;  and
(2)  the damages did not arise from a premises defect or other circumstance that the claimant was exposed to as a result of the commission of the felony or misdemeanor.
Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 87.002 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 86 - Liability for Certain Injuries to Convicted Persons › Section 86.003. Derivative Claims

Sec. 86.003.  DERIVATIVE CLAIMS.  Section 86.002 applies to a claim for damages made by a claimant other than a convicted person if:
(1)  the claimant's right to recovery results from an injury to a convicted person, including a claim for the wrongful death of the convicted person or a claim for loss of consortium with or loss of the companionship of the convicted person;  and
(2)  the convicted person's right to recovery would be barred under Section 86.002.
Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 87.003 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 86 - Liability for Certain Injuries to Convicted Persons › Section 86.004. Claimant Liable for Court Costs and Fees and Attorney's Fees

Sec. 86.004.  CLAIMANT LIABLE FOR COURT COSTS AND FEES AND ATTORNEY'S FEES.  A claimant who is barred from recovery under this chapter is liable to the person against whom the claim is brought for court costs and fees and reasonable attorney's fees incurred in defending against the claim.
Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 87.004 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 86 - Liability for Certain Injuries to Convicted Persons › Section 86.005. Certain Traffic Law Violations Excluded

Sec. 86.005.  CERTAIN TRAFFIC LAW VIOLATIONS EXCLUDED.  This chapter does not apply to a claim arising from an offense defined by Subtitle C, Title 7, Transportation Code.
Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 87.005 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.180, 31.01(8), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 86 - Liability for Certain Injuries to Convicted Persons › Section 86.006. Convicted Person

Sec. 86.006.  CONVICTED PERSON.  For purposes of this chapter, a person is considered convicted in a case if:
(1)  sentence is imposed;  or
(2)  the person receives a fine, probation, or deferred adjudication.
Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 87.006 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 86 - Liability for Certain Injuries to Convicted Persons › Section 86.007. Applicability

Sec. 86.007.  APPLICABILITY.  This chapter does not apply to:
(1)  a claim for an injury sustained during the commission of an offense under Section 30.05, Penal Code, other than a trespass in a habitation or shelter, brought by a person who has not been convicted of another crime that occurred in conjunction with the trespass;  or
(2)  a claim in which the conduct of the owner of the premises is grossly negligent or intentional, other than conduct justified under Subchapter C, Chapter 9, Penal Code.
Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28, 1995.  Renumbered from Civil Practice and Remedies Code Sec. 87.007 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff. Sept. 1, 1997.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 87 - Liability Arising From Farm Animals › Section 87.002. Applicability of Chapter

Sec. 87.002.  APPLICABILITY OF CHAPTER.  This chapter does not apply to an activity regulated by the Texas Racing Commission.
Added by Acts 1995, 74th Leg., ch. 549, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 87 - Liability Arising From Farm Animals › Section 87.0021. Certain Labor Laws Not Affected

Sec. 87.0021.  CERTAIN LABOR LAWS NOT AFFECTED.  Nothing in this chapter affects the applicability of Chapter 406, Labor Code, or an employer's ability to refuse to subscribe to the workers' compensation system.
Added by Acts 2021, 87th Leg., R.S., Ch. 219 (H.B. 365), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 87 - Liability Arising From Farm Animals › Section 87.003. Limitation on Liability

Sec. 87.003.  LIMITATION ON LIABILITY.  Except as provided by Section 87.004, all persons, including a farm animal activity sponsor, farm animal professional, farm owner or lessee, livestock producer, livestock show participant, or livestock show sponsor, are not liable for property damage or damages arising from the personal injury or death of a participant in a farm animal activity or livestock show if the property damage, injury, or death results from the dangers or conditions that are an inherent risk of a farm animal, a farm animal activity, the showing of an animal on a competitive basis in a livestock show, or the raising or handling of livestock on a farm, including:
(1)  the propensity of a farm animal or livestock animal to behave in ways that may result in personal injury or death to a person on the animal, handling the animal, or otherwise around the animal;
(2)  the unpredictability of a farm animal's or livestock animal's reaction to sound, a sudden movement, or an unfamiliar object, person, or other animal;
(3)  with respect to farm animal activities involving equine animals, certain land conditions and hazards, including surface and subsurface conditions;
(4)  a collision with another animal or an object; or
(5)  the potential of a participant to act in a negligent manner that may contribute to injury to the participant or another, including failing to maintain control over a farm animal or livestock animal or not acting within the participant's ability.
Added by Acts 1995, 74th Leg., ch. 549, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1108, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 896 (S.B. 479), Sec. 3, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 219 (H.B. 365), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 87 - Liability Arising From Farm Animals › Section 87.004. Exceptions to Limitation on Liability

Sec. 87.004.  EXCEPTIONS TO LIMITATION ON LIABILITY.  A person, including a farm animal activity sponsor, farm animal professional, farm owner or lessee, livestock show participant, or livestock show sponsor, may be liable for property damage or damages arising from the personal injury or death caused by a participant in a farm animal activity or livestock show if:
(1)  the injury or death was caused by faulty equipment or tack used in the farm animal activity or livestock show, the person provided the equipment or tack, and the person knew or should have known that the equipment or tack was faulty;
(2)  the person provided the farm animal or livestock animal and the person did not make a reasonable and prudent effort to determine the ability of the participant to engage safely in the farm animal activity, including a work activity, or livestock show and determine the ability of the participant to safely manage the farm animal or livestock animal, taking into account the participant's representations of ability;
(3)  the injury or death was caused by a dangerous latent condition of land for which warning signs, written notices, or verbal warnings were not conspicuously posted or provided to the participant, and the land was owned, leased, or otherwise under the control of the person at the time of the injury or death and the person knew of the dangerous latent condition;
(4)  the person committed an act or omission with wilful or wanton disregard for the safety of the participant and that act or omission caused the injury;
(5)  the person intentionally caused the property damage, injury, or death; or
(6)  with respect to a livestock show, the injury or death occurred as a result of an activity connected with the livestock show and the person invited or otherwise allowed the injured or deceased person to participate in the activity and the injured or deceased person was not a participant as defined by Section 87.001(9)(B).
Added by Acts 1995, 74th Leg., ch. 549, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1108, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 896 (S.B. 479), Sec. 4, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 219 (H.B. 365), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Civil Practice and Remedies Code › Title 4 - Liability in Tort › Chapter 87 - Liability Arising From Farm Animals › Section 87.005. Warning Notice

Sec. 87.005.  WARNING NOTICE.  (a)  A farm animal professional or a farm owner or lessee shall post and maintain a sign that contains the warning contained in Subsection (c) if the professional, owner, or lessee manages or controls a farm, stable, corral, or arena where the professional, owner, or lessee conducts a farm animal activity. The professional, owner, or lessee must post the sign in a clearly visible location on or near the stable, corral, or arena.
(b)  A farm animal professional or a farm owner or lessee shall include the warning contained in Subsection (c) in every written contract that the professional, owner, or lessee enters into with a participant, including an employee or independent contractor, for professional services, instruction, or the rental of equipment or tack or a farm animal. The warning must be included without regard to whether the contract involves farm animal activities on or off the location or site of the business of the farm animal professional or farm owner or lessee. The warning must be clearly readable.
(c)  The warning posted by a farm animal professional or a farm owner or lessee under this section must be as follows:
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A FARM ANIMAL PROFESSIONAL OR FARM OWNER OR LESSEE IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN FARM ANIMAL ACTIVITIES, INCLUDING AN EMPLOYEE OR INDEPENDENT CONTRACTOR, RESULTING FROM THE INHERENT RISKS OF FARM ANIMAL ACTIVITIES.
(d)  A livestock show sponsor shall post and maintain a sign that contains the warning prescribed by Subsection (f) if the livestock show sponsor manages or controls a stable, barn, corral, or arena at which the livestock show sponsor conducts a livestock show.  The livestock show sponsor must post the sign in a clearly visible location near the stable, barn, corral, or arena.
(e)  A livestock show sponsor shall include the warning prescribed by Subsection (f) in every written contract that the sponsor enters into with a livestock show participant.  The warning must be clearly readable.
(f)  The warning posted by a livestock show sponsor under this section must be as follows:
WARNING
UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), A LIVESTOCK SHOW SPONSOR IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN A LIVESTOCK SHOW RESULTING FROM THE INHERENT RISKS OF LIVESTOCK SHOW ACTIVITIES.
Added by Acts 1995, 74th Leg., ch. 549, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1108, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 896 (S.B. 479), Sec. 5, eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 219 (H.B. 365), Sec. 5, eff. September 1, 2021.