Texas 2025 - 89th Regular

Texas House Bill HB1419 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5803 SCL-F
2	2	By: DeAyala H.B. No. 1419
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to liability limits for noneconomic damages for personal
10	10	injury and wrongful death claims.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 41, Civil Practice and Remedies Code, is
13	13	amended by adding Section 41.0025 to read as follows:
14	14	Sec. 41.0025. LIABILITY LIMIT FOR NONECONOMIC DAMAGES IN
15	15	PERSONAL INJURY CLAIMS. (a) In an action on a personal injury
16	16	claim, civil liability to a claimant for noneconomic damages,
17	17	unless subject to a limitation imposed by other law, may not exceed:
18	18	(1) for noneconomic damages awarded as damages for
19	19	past and future physical pain and suffering, three times the amount
20	20	awarded to the claimant as damages for past and future health care
21	21	expenses; and
22	22	(2) for noneconomic damages awarded as damages for
23	23	past and future mental or emotional pain or anguish:
24	24	(A) $1 million if the claim arises from an event
25	25	primarily causing emotional injury to the claimant; or
26	26	(B) $250,000 if the claim arises from an event
27	27	primarily causing bodily injury to the claimant.
28	28	(b) For purposes of the limitations provided by Subsection
29	29	(a), all persons that may be responsible under a vicarious
30	30	liability theory for satisfying a judgment are treated as a single
31	31	defendant.
32	32	(c) Beginning on January 1, 2027, and continuing on January
33	33	1 of each subsequent year, the fixed-amount limitations provided by
34	34	Subsection (a) increase by 1.75 percent from the prior year's
35	35	amount.
36	36	SECTION 2. Section 71.010(a), Civil Practice and Remedies
37	37	Code, is amended to read as follows:
38	38	(a) Except as provided by Section 71.0105, the [The] jury
39	39	may award damages in an amount proportionate to the injury
40	40	resulting from the death.
41	41	SECTION 3. Subchapter A, Chapter 71, Civil Practice and
42	42	Remedies Code, is amended by adding Section 71.0105 to read as
43	43	follows:
44	44	Sec. 71.0105. LIABILITY LIMIT FOR CERTAIN NONECONOMIC
45	45	DAMAGES. (a) In an action brought under this subchapter, civil
46	46	liability for noneconomic damages, unless subject to a limitation
47	47	imposed by other law, may not exceed $1 million for each claimant as
48	48	damages for past and future mental or emotional pain or anguish.
49	49	(b) For purposes of the limitation provided by Subsection
50	50	(a), all persons that may be responsible under a vicarious
51	51	liability theory for satisfying a judgment are treated as a single
52	52	defendant.
53	53	(c) Beginning on January 1, 2027, and continuing on January
54	54	1 of each subsequent year, the fixed-amount limitation provided by
55	55	Subsection (a) increases by 1.75 percent from the prior year's
56	56	amount.
57	57	SECTION 4. The changes in law made by this Act are an
58	58	exercise of authority under Section 66(c), Article III, Texas
59	59	Constitution, and take effect only if this Act receives a vote of
60	60	three-fifths of all the members elected to each house, as provided
61	61	by Subsection (e) of that section.
62	62	SECTION 5. The changes in law made by this Act apply only to
63	63	a cause of action that accrues on or after the effective date of
64	64	this Act.
65	65	SECTION 6. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2025.