89R5803 SCL-F
By: DeAyala H.B. No. 1419
A BILL TO BE ENTITLED
AN ACT
relating to liability limits for noneconomic damages for personal
injury and wrongful death claims.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 41, Civil Practice and Remedies Code, is
amended by adding Section 41.0025 to read as follows:
Sec. 41.0025. LIABILITY LIMIT FOR NONECONOMIC DAMAGES IN
PERSONAL INJURY CLAIMS. (a) In an action on a personal injury
claim, civil liability to a claimant for noneconomic damages,
unless subject to a limitation imposed by other law, may not exceed:
(1) for noneconomic damages awarded as damages for
past and future physical pain and suffering, three times the amount
awarded to the claimant as damages for past and future health care
expenses; and
(2) for noneconomic damages awarded as damages for
past and future mental or emotional pain or anguish:
(A) $1 million if the claim arises from an event
primarily causing emotional injury to the claimant; or
(B) $250,000 if the claim arises from an event
primarily causing bodily injury to the claimant.
(b) For purposes of the limitations provided by Subsection
(a), all persons that may be responsible under a vicarious
liability theory for satisfying a judgment are treated as a single
defendant.
(c) Beginning on January 1, 2027, and continuing on January
1 of each subsequent year, the fixed-amount limitations provided by
Subsection (a) increase by 1.75 percent from the prior year's
amount.
SECTION 2. Section 71.010(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) Except as provided by Section 71.0105, the [The] jury
may award damages in an amount proportionate to the injury
resulting from the death.
SECTION 3. Subchapter A, Chapter 71, Civil Practice and
Remedies Code, is amended by adding Section 71.0105 to read as
follows:
Sec. 71.0105. LIABILITY LIMIT FOR CERTAIN NONECONOMIC
DAMAGES. (a) In an action brought under this subchapter, civil
liability for noneconomic damages, unless subject to a limitation
imposed by other law, may not exceed $1 million for each claimant as
damages for past and future mental or emotional pain or anguish.
(b) For purposes of the limitation provided by Subsection
(a), all persons that may be responsible under a vicarious
liability theory for satisfying a judgment are treated as a single
defendant.
(c) Beginning on January 1, 2027, and continuing on January
1 of each subsequent year, the fixed-amount limitation provided by
Subsection (a) increases by 1.75 percent from the prior year's
amount.
SECTION 4. The changes in law made by this Act are an
exercise of authority under Section 66(c), Article III, Texas
Constitution, and take effect only if this Act receives a vote of
three-fifths of all the members elected to each house, as provided
by Subsection (e) of that section.
SECTION 5. The changes in law made by this Act apply only to
a cause of action that accrues on or after the effective date of
this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.