Texas 2025 - 89th Regular

Texas House Bill HB4806 Compare Versions

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

Old	New	Differences
1	1	89R16793 SCL-D
2	2	By: Bonnen H.B. No. 4806
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to recovery of damages in civil actions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 18.001, Civil Practice and Remedies
12	12	Code, is amended by amending Subsections (b), (e), (e-1), (h), and
13	13	(i) and adding Subsections (b-1) and (b-2) to read as follows:
14	14	(b) Unless notice of intent to controvert the
15	15	reasonableness of the amounts charged or the necessity for health
16	16	care services [a controverting affidavit] is served as provided by
17	17	this section, an affidavit complying with this section and stating
18	18	that the amount a person charged for a service was reasonable at the
19	19	time and place that the service was provided and that the service
20	20	was necessary is sufficient evidence to support a finding of fact by
21	21	judge or jury that the amount charged was reasonable or that the
22	22	service was necessary.
23	23	(b-1) Except as provided by Section 18.0011, if notice of
24	24	intent to controvert the reasonableness of the amounts charged or
25	25	necessity for health care services is served as provided by this
26	26	section, an affidavit served under Subsection (b) has no effect
27	27	except the affidavit may prove the authenticity of the health care
28	28	records described by the affidavit.
29	29	(b-2) An [The] affidavit described by Subsection (b) is not
30	30	evidence of and does not support a finding of the causation element
31	31	of the cause of action that is the basis for the civil action.
32	32	(e) A party intending to controvert the reasonableness of
33	33	the amounts charged or necessity for health care services [a claim
34	34	reflected by the affidavit] must serve notice of that intent [a copy
35	35	of the counteraffidavit] on each other party or the party's
36	36	attorney of record by the earlier of:
37	37	(1) 120 days after the date the defendant files its
38	38	answer;
39	39	(2) the date the party serving notice [offering the
40	40	counteraffidavit] must designate expert witnesses under a court
41	41	order; or
42	42	(3) the date the party serving notice [offering the
43	43	counteraffidavit] must designate any expert witness as required by
44	44	the Texas Rules of Civil Procedure.
45	45	(e-1) Notwithstanding Subsection (e), if the party offering
46	46	the affidavit [in evidence] serves a copy of the affidavit under
47	47	Subsection (d-1), notice of intent to controvert the reasonableness
48	48	of the amounts charged or necessity for health care services must be
49	49	served [the party offering the counteraffidavit in evidence or the
50	50	party's attorney must serve a copy of the counteraffidavit] on each
51	51	other party to the case by the later of:
52	52	(1) 30 days after service of the affidavit on the party
53	53	serving notice [offering the counteraffidavit in evidence];
54	54	(2) the date the party serving notice [offering the
55	55	counteraffidavit] must designate any expert witness under a court
56	56	order; or
57	57	(3) the date the party serving notice [offering the
58	58	counteraffidavit in evidence] must designate any expert witness as
59	59	required by the Texas Rules of Civil Procedure.
60	60	(h) If health care [continuing] services are provided after
61	61	a relevant deadline under this section:
62	62	(1) a party may supplement an affidavit served by the
63	63	party under Subsection (d) or (d-1) on or before the 60th day before
64	64	the date the trial commences; and
65	65	(2) a party that served notice [a counteraffidavit]
66	66	under Subsection (e) or (e-1) may serve notice related to the
67	67	supplemental affidavit [supplement the counteraffidavit] on or
68	68	before the 30th day before the date the trial commences.
69	69	(i) Notwithstanding Subsections (d), (d-1), (d-2), (e),
70	70	(e-1), [(g),] and (h), a deadline under this section may be altered
71	71	by all parties to an action by agreement or with leave of the court.
72	72	SECTION 2. Subchapter A, Chapter 18, Civil Practice and
73	73	Remedies Code, is amended by adding Section 18.0011 to read as
74	74	follows:
75	75	Sec. 18.0011. AFFIDAVIT OF HEALTH CARE FACILITY OR
76	76	PROVIDER. (a) A party may not controvert the reasonableness of the
77	77	charges for health care services stated in an affidavit served
78	78	under Section 18.001 if, as to each health care service provided by
79	79	the health care facility or provider:
80	80	(1) the affidavit states one of the following amounts
81	81	as the reasonable charge for the service:
82	82	(A) the amounts received from all sources by the
83	83	facility or provider to pay for the service provided to the person
84	84	whose injury or death is the subject of the action; or
85	85	(B) an amount that does not exceed 150 percent of
86	86	the median amount paid by nongovernmental third-party payors to
87	87	health care facilities or providers for the same type of service
88	88	provided to the person whose injury or death is the subject of the
89	89	action during the month in which the service was provided, as drawn
90	90	from the Texas All Payor Claims Database established under
91	91	Subchapter I, Chapter 38, Insurance Code, for the geozip:
92	92	(i) in which the service was provided, if
93	93	the service was provided in this state; or
94	94	(ii) in which The University of Texas
95	95	Health Science Center at Houston is located, if the service was
96	96	provided outside of this state; and
97	97	(2) the affidavit is accompanied by an invoice for the
98	98	service that would comply with the clean claim requirements of
99	99	Chapter 1301, Insurance Code.
100	100	(b) If an affidavit of a health care facility or provider
101	101	served under Section 18.001 complies with Subsection (a) and
102	102	includes a statement that the facility or provider does not intend
103	103	to appear at trial to testify regarding the reasonableness of the
104	104	facility's or provider's charges or the necessity for the facility's
105	105	or provider's services, then:
106	106	(1) a party may not seek to obtain through any pretrial
107	107	discovery procedure information from the facility or provider about
108	108	the reasonableness of the facility's or provider's charges or the
109	109	necessity for the facility's or provider's services; and
110	110	(2) the trial court shall exclude trial testimony by
111	111	the facility or provider regarding the reasonableness of the
112	112	facility's or provider's charges or the necessity for the facility's
113	113	or provider's services unless:
114	114	(A) the court finds there is good cause to allow
115	115	the testimony;
116	116	(B) the testimony will not unfairly surprise or
117	117	unfairly prejudice any party to the action; and
118	118	(C) a party opposing admission of the testimony
119	119	into evidence is given a reasonable opportunity to conduct
120	120	discovery and present evidence relevant to the testimony to be
121	121	offered by the facility or provider.
122	122	(c) An affidavit of a health care facility or provider
123	123	described by Subsection (a) and the statements made in the
124	124	affidavit may be used only in the civil action in which the
125	125	affidavit is served and not in other actions or for other purposes.
126	126	SECTION 3. Chapter 41, Civil Practice and Remedies Code, is
127	127	amended by designating Sections 41.001, 41.002, 41.008, 41.009,
128	128	41.0105, and 41.014 as Subchapter A and adding a subchapter heading
129	129	to read as follows:
130	130	SUBCHAPTER A. GENERAL PROVISIONS
131	131	SECTION 4. Section 41.001, Civil Practice and Remedies
132	132	Code, is amended by amending Subdivisions (9), (10), and (12) and
133	133	adding Subdivisions (11-a) and (14) to read as follows:
134	134	(9) "Future damages" means damages that in reasonable
135	135	probability can be expected to be [are] incurred after the date of
136	136	the judgment. The term does [Future damages do] not include
137	137	exemplary damages.
138	138	(10) "Future loss of earnings" means a pecuniary loss
139	139	from reductions in income, wages, or earning capacity that in
140	140	reasonable probability can be expected to be incurred after the
141	141	date of the judgment. The term does not include [, including:
142	142	[(A) loss of income, wages, or earning capacity;
143	143	and
144	144	[(B)] loss of inheritance.
145	145	(11-a) "Mental or emotional pain or anguish" means
146	146	grievous and debilitating angst, distress, torment, or emotional
147	147	suffering or turmoil that:
148	148	(A) causes a substantial disruption in a person's
149	149	daily routine; and
150	150	(B) arises from loss of consortium, loss of
151	151	companionship and society, loss of enjoyment of life, or a similar
152	152	mental or emotional injury.
153	153	(12) "Noneconomic damages" means damages awarded for
154	154	the purpose of compensating a claimant for nonpecuniary losses for
155	155	physical pain and suffering, mental or emotional pain or anguish,
156	156	and [loss of consortium, disfigurement, physical impairment, loss
157	157	of companionship and society, inconvenience, loss of enjoyment of
158	158	life,] injury to reputation[, and all other nonpecuniary losses of
159	159	any kind other than exemplary damages]. The term does not include
160	160	economic or exemplary damages.
161	161	(14) "Physical pain and suffering" means a painful or
162	162	distressing sensation associated with an injury or damage to a part
163	163	of a person's body that:
164	164	(A) is consciously felt;
165	165	(B) is significant in magnitude; and
166	166	(C) arises from an observable injury or
167	167	impairment or is shown to exist through objectively verifiable
168	168	medical evaluation or testing.
169	169	SECTION 5. Section 41.002(d), Civil Practice and Remedies
170	170	Code, is amended to read as follows:
171	171	(d) Notwithstanding any provision to the contrary, the
172	172	provisions of this chapter regarding exemplary damages do [does]
173	173	not apply to:
174	174	(1) Section 15.21, Business & Commerce Code (Texas
175	175	Free Enterprise and Antitrust Act of 1983);
176	176	(2) an action brought under the Deceptive Trade
177	177	Practices-Consumer Protection Act (Subchapter E, Chapter 17,
178	178	Business & Commerce Code) except as specifically provided in
179	179	Section 17.50 of that Act;
180	180	(3) an action brought under Chapter 36, Human
181	181	Resources Code; or
182	182	(4) an action brought under Chapter 21, Insurance
183	183	Code.
184	184	SECTION 6. Chapter 41, Civil Practice and Remedies Code, is
185	185	amended by adding Subchapter B, and a heading is added to that
186	186	subchapter to read as follows:
187	187	SUBCHAPTER B. EXEMPLARY DAMAGES
188	188	SECTION 7. Sections 41.003, 41.004, 41.005, 41.006, 41.007,
189	189	41.010, 41.011, 41.0115, 41.012, and 41.013, Civil Practice and
190	190	Remedies Code, are transferred to Subchapter B, Chapter 41, Civil
191	191	Practice and Remedies Code, as added by this Act, redesignated as
192	192	Sections 41.051, 41.052, 41.053, 41.054, 41.055, 41.056, 41.057,
193	193	41.058, 41.059, and 41.060, Civil Practice and Remedies Code,
194	194	respectively, and amended to read as follows:
195	195	Sec. 41.051 [41.003]. STANDARDS FOR RECOVERY [OF
196	196	EXEMPLARY DAMAGES]. (a) Except as provided by Subsection (c),
197	197	exemplary damages may be awarded only if the claimant proves by
198	198	clear and convincing evidence that the harm with respect to which
199	199	the claimant seeks recovery of exemplary damages results from:
200	200	(1) fraud;
201	201	(2) malice; or
202	202	(3) gross negligence.
203	203	(b) The claimant must prove by clear and convincing evidence
204	204	the elements of exemplary damages as provided by this section. This
205	205	burden of proof may not be shifted to the defendant or satisfied by
206	206	evidence of ordinary negligence, bad faith, or a deceptive trade
207	207	practice.
208	208	(c) If the claimant relies on a statute establishing a cause
209	209	of action and authorizing exemplary damages in specified
210	210	circumstances or in conjunction with a specified culpable mental
211	211	state, exemplary damages may be awarded only if the claimant proves
212	212	by clear and convincing evidence that the damages result from the
213	213	specified circumstances or culpable mental state.
214	214	(d) Exemplary damages may be awarded only if the jury was
215	215	unanimous in regard to finding liability for and the amount of
216	216	exemplary damages.
217	217	(e) In all cases where the issue of exemplary damages is
218	218	submitted to the jury, the following instruction shall be included
219	219	in the charge of the court:
220	220	"You are instructed that, in order for you to find exemplary
221	221	damages, your answer to the question regarding the amount of such
222	222	damages must be unanimous."
223	223	Sec. 41.052 [41.004]. FACTORS PRECLUDING RECOVERY. (a)
224	224	Except as provided by Subsection (b), exemplary damages may be
225	225	awarded only if damages other than nominal damages are awarded.
226	226	(b) Exemplary damages may not be awarded to a claimant who
227	227	elects to have his recovery multiplied under another statute.
228	228	Sec. 41.053 [41.005]. HARM RESULTING FROM CRIMINAL ACT.
229	229	(a) In an action arising from harm resulting from an assault,
230	230	theft, or other criminal act, a court may not award exemplary
231	231	damages against a defendant because of the criminal act of another.
232	232	(b) The exemption provided by Subsection (a) does not apply
233	233	if:
234	234	(1) the criminal act was committed by an employee of
235	235	the defendant;
236	236	(2) the defendant is criminally responsible as a party
237	237	to the criminal act under the provisions of Chapter 7, Penal Code;
238	238	(3) the criminal act occurred at a location where, at
239	239	the time of the criminal act, the defendant was maintaining a common
240	240	nuisance under the provisions of Chapter 125, Civil Practice and
241	241	Remedies Code, and had not made reasonable attempts to abate the
242	242	nuisance; or
243	243	(4) the criminal act resulted from the defendant's
244	244	intentional or knowing violation of a statutory duty under
245	245	Subchapter D, Chapter 92, Property Code, and the criminal act
246	246	occurred after the statutory deadline for compliance with that
247	247	duty.
248	248	(c) In an action arising out of a criminal act committed by
249	249	an employee, the employer may be liable for punitive damages but
250	250	only if:
251	251	(1) the principal authorized the doing and the manner
252	252	of the act;
253	253	(2) the agent was unfit and the principal acted with
254	254	malice in employing or retaining the agent [him];
255	255	(3) the agent was employed in a managerial capacity
256	256	and was acting in the scope of employment; or
257	257	(4) the employer or a manager of the employer ratified
258	258	or approved the act.
259	259	Sec. 41.054 [41.006]. AWARD SPECIFIC TO DEFENDANT. In any
260	260	action in which there are two or more defendants, an award of
261	261	exemplary damages must be specific as to a defendant, and each
262	262	defendant is liable only for the amount of the award made against
263	263	that defendant.
264	264	Sec. 41.055 [41.007]. PREJUDGMENT INTEREST. Prejudgment
265	265	interest may not be assessed or recovered on an award of exemplary
266	266	damages.
267	267	Sec. 41.056 [41.010]. CONSIDERATIONS IN MAKING AWARD. (a)
268	268	Before making an award of exemplary damages, the trier of fact shall
269	269	consider the definition and purposes of exemplary damages as
270	270	provided by Section 41.001.
271	271	(b) Subject to Section 41.008, the determination of whether
272	272	to award exemplary damages and the amount of exemplary damages to be
273	273	awarded is within the discretion of the trier of fact.
274	274	Sec. 41.057 [41.011]. EVIDENCE RELATING TO AMOUNT OF
275	275	EXEMPLARY DAMAGES. (a) In determining the amount of exemplary
276	276	damages, the trier of fact shall consider evidence, if any,
277	277	relating to:
278	278	(1) the nature of the wrong;
279	279	(2) the character of the conduct involved;
280	280	(3) the degree of culpability of the wrongdoer;
281	281	(4) the situation and sensibilities of the parties
282	282	concerned;
283	283	(5) the extent to which such conduct offends a public
284	284	sense of justice and propriety; and
285	285	(6) the net worth of the defendant.
286	286	(b) Evidence that is relevant only to the amount of
287	287	exemplary damages that may be awarded is not admissible during the
288	288	first phase of a bifurcated trial.
289	289	Sec. 41.058 [41.0115]. DISCOVERY OF EVIDENCE OF NET WORTH
290	290	FOR EXEMPLARY DAMAGES CLAIM. (a) On the motion of a party and after
291	291	notice and a hearing, a trial court may authorize discovery of
292	292	evidence of a defendant's net worth if the court finds in a written
293	293	order that the claimant has demonstrated a substantial likelihood
294	294	of success on the merits of a claim for exemplary damages. Evidence
295	295	submitted by a party to the court in support of or in opposition to a
296	296	motion made under this subsection may be in the form of an affidavit
297	297	or a response to discovery.
298	298	(b) If a trial court authorizes discovery under Subsection
299	299	(a), the court's order may only authorize use of the least
300	300	burdensome method available to obtain the net worth evidence.
301	301	(c) When reviewing an order authorizing or denying
302	302	discovery of net worth evidence under this section, the reviewing
303	303	court may consider only the evidence submitted by the parties to the
304	304	trial court in support of or in opposition to the motion described
305	305	by Subsection (a).
306	306	(d) If a party requests net worth discovery under this
307	307	section, the court shall presume that the requesting party has had
308	308	adequate time for the discovery of facts relating to exemplary
309	309	damages for purposes of allowing the party from whom net worth
310	310	discovery is sought to move for summary judgment on the requesting
311	311	party's claim for exemplary damages under Rule 166a(i), Texas Rules
312	312	of Civil Procedure.
313	313	Sec. 41.059 [41.012]. JURY INSTRUCTIONS. In a trial to a
314	314	jury, the court shall instruct the jury with regard to Sections
315	315	41.001, 41.051 [41.003], 41.056 [41.010], and 41.057 [41.011].
316	316	Sec. 41.060 [41.013]. JUDICIAL REVIEW OF AWARD. (a)
317	317	Except as provided for in Subsection (b), an appellate court that
318	318	reviews the evidence with respect to a finding by a trier of fact
319	319	concerning liability for exemplary damages or with respect to the
320	320	amount of exemplary damages awarded shall state, in a written
321	321	opinion, the court's reasons for upholding or disturbing the
322	322	finding or award. The written opinion shall address the evidence or
323	323	lack of evidence with specificity, as it relates to the liability
324	324	for or amount of exemplary damages, in light of the requirements of
325	325	this chapter.
326	326	(b) This section does not apply to the supreme court with
327	327	respect to its consideration of a petition for review [an
328	328	application for writ of error].
329	329	SECTION 8. Chapter 41, Civil Practice and Remedies Code, is
330	330	amended by adding Subchapters C and D to read as follows:
331	331	SUBCHAPTER C. RECOVERY OF HEALTH CARE EXPENSES AS ECONOMIC DAMAGES
332	332	Sec. 41.101. DEFINITIONS. In this subchapter:
333	333	(1) "Database" means the Texas All Payor Claims
334	334	Database established under Subchapter I, Chapter 38, Insurance
335	335	Code.
336	336	(2) "Health care expenses" means amounts paid or owed
337	337	or that may be paid or owed to a provider for health care services,
338	338	supplies, or devices provided to a patient.
339	339	(3) "Health care services" means services provided by
340	340	a provider to an individual to diagnose, prevent, alleviate, cure,
341	341	treat, or heal the individual's condition, illness, or injury,
342	342	including:
343	343	(A) rehabilitative services provided to the
344	344	individual; or
345	345	(B) personal care provided to the individual on a
346	346	short-term or long-term basis.
347	347	(4) "Injured individual" means the individual whose
348	348	injury or death is the subject of a civil action to which this
349	349	subchapter applies.
350	350	(5) "Letter of protection" means an agreement,
351	351	regardless of the name, that includes an express or implied promise
352	352	of payment to a health care provider from a judgment or settlement
353	353	of an injured individual's civil action or that makes a payment to
354	354	the provider contingent on the resolution of the action.
355	355	(6) "Physician" means:
356	356	(A) an individual licensed to practice medicine;
357	357	and
358	358	(B) a professional association, partnership,
359	359	limited liability partnership, or other type of entity formed or
360	360	organized by an individual physician or group of physicians to
361	361	provide medical care to patients.
362	362	(7) "Provider" means a person, including an
363	363	individual, partnership, professional association, corporation,
364	364	facility, or institution, who is licensed, certified, registered,
365	365	chartered, or otherwise authorized, in this state or elsewhere, to
366	366	provide health care services, including:
367	367	(A) an acupuncturist;
368	368	(B) a chiropractor;
369	369	(C) a dentist;
370	370	(D) a health care institution of a type described
371	371	by Section 74.001(11);
372	372	(E) a health care collaborative;
373	373	(F) a nonprofit health organization;
374	374	(G) a nurse, including a licensed vocational
375	375	nurse, nurse practitioner, and registered nurse;
376	376	(H) an occupational therapist;
377	377	(I) an ophthalmologist;
378	378	(J) an optometrist;
379	379	(K) a pharmacist;
380	380	(L) a physical therapist;
381	381	(M) a physician;
382	382	(N) a physician's assistant; and
383	383	(O) a podiatrist.
384	384	(8) "Third-party payor" means an entity, plan, or
385	385	program that has a legal or contractual obligation to pay,
386	386	reimburse, or otherwise contract with a provider to pay the
387	387	provider for the provision of a health care service, supply, or
388	388	device to a patient, including:
389	389	(A) an insurance company providing health or
390	390	dental insurance;
391	391	(B) an employer-provided plan or any other
392	392	sponsor or administrator of a health or dental plan;
393	393	(C) a health maintenance organization operating
394	394	under Chapter 843, Insurance Code, an insurer providing a preferred
395	395	provider benefit plan under Chapter 1301, Insurance Code, or other
396	396	similar entity;
397	397	(D) Medicare;
398	398	(E) the state Medicaid program, including the
399	399	Medicaid managed care program operating under Chapter 540,
400	400	Government Code; and
401	401	(F) workers' compensation insurance or insurance
402	402	provided instead of subscribing to workers' compensation
403	403	insurance.
404	404	Sec. 41.102. APPLICABILITY OF SUBCHAPTER. This subchapter
405	405	applies to any civil action in which the claimant seeks recovery of
406	406	health care expenses as economic damages in a personal injury or
407	407	wrongful death action.
408	408	Sec. 41.103. CONFLICT WITH OTHER LAW. If there is a
409	409	conflict between this subchapter and Section 41.0105, this
410	410	subchapter controls.
411	411	Sec. 41.104. LIMITATIONS ON AMOUNT OF RECOVERY. (a) In
412	412	addition to any other limitation provided by law, the economic
413	413	damages that may be awarded to a claimant for health care services
414	414	provided in the past to an injured individual are limited to the sum
415	415	of:
416	416	(1) amounts third-party payors paid to providers for
417	417	health care services provided to the injured individual;
418	418	(2) amounts paid by the injured individual or paid on
419	419	behalf of the injured individual by non-third-party payors to
420	420	providers for health care services provided to the injured
421	421	individual, but not to purchase an account receivable, if paid
422	422	without a formal or informal agreement for the provider to refund,
423	423	rebate, or remit money to the payor, injured individual, claimant,
424	424	or claimant's attorney or anyone associated with the payor, injured
425	425	individual, claimant, or claimant's attorney; and
426	426	(3) if Subdivisions (1) and (2) do not apply, an amount
427	427	that does not exceed 150 percent of the median amount paid by
428	428	nongovernmental third-party payors to health care providers for the
429	429	same types of services provided to the injured individual during
430	430	the month in which the services were provided, as drawn from the
431	431	database for the geozip:
432	432	(A) in which the services were provided, if the
433	433	services were provided in this state; or
434	434	(B) in which The University of Texas Health
435	435	Science Center at Houston is located, if the services were provided
436	436	outside of this state.
437	437	(b) In addition to any other limitation provided by law,
438	438	economic damages awarded for health care expenses that in
439	439	reasonable probability can be expected to be incurred by the
440	440	injured individual in the future because of the injury-causing
441	441	event shall be limited to the reasonable value of necessary
442	442	services, determined in the manner provided by Subsection (a)(3)
443	443	for determination of past health care expenses, except that the
444	444	determination must use data from the database for the month
445	445	preceding the date the trial commenced.
446	446	(c) Health care provider statements or invoices presented
447	447	for purposes of Subsection (a) or (b) must be in a form that would
448	448	comply with the clean claim requirements of Chapter 1301, Insurance
449	449	Code. If a service does not have an industry-recognized billing
450	450	code, no amount of money may be awarded to the claimant for that
451	451	service.
452	452	(d) The failure of the injured individual to use available
453	453	health benefit coverage shall be considered a failure to mitigate
454	454	damages.
455	455	Sec. 41.105. CLAIMANT DISCLOSURE REQUIREMENTS. (a) In
456	456	addition to other items required to be provided by law, in an action
457	457	to which this subchapter applies, the claimant shall provide to
458	458	each other party a copy of:
459	459	(1) all statements or invoices generated by health
460	460	care providers showing health care services provided to the injured
461	461	individual because of the injury-causing event that is the basis
462	462	for the action;
463	463	(2) any letter of protection related to the action;
464	464	and
465	465	(3) any written agreement under which a provider may
466	466	refund, rebate, or remit money to a payor, injured individual,
467	467	claimant, claimant's attorney, or person associated with the payor,
468	468	injured individual, claimant, or claimant's attorney.
469	469	(b) In a civil action to which this subchapter applies, the
470	470	claimant shall, in addition to other requirements of law:
471	471	(1) identify any provider who provided health care
472	472	services to the injured individual in relation to the injury caused
473	473	to the injured individual in the event giving rise to the action and
474	474	provide an authorization to all other parties to the case that will
475	475	allow those parties to obtain from the provider all of the injured
476	476	individual's medical records;
477	477	(2) identify any third-party payor that may have had a
478	478	legal or contractual obligation to pay for health care services
479	479	provided to the injured individual, regardless of whether the third
480	480	party was legally or contractually obligated to pay for the
481	481	specific services provided to the injured individual;
482	482	(3) disclose any unwritten agreement under which a
483	483	provider may refund, rebate, or remit money to a payor, injured
484	484	individual, claimant, claimant's attorney, or person associated
485	485	with the payor, injured individual, claimant, or claimant's
486	486	attorney; and
487	487	(4) if the injured individual was referred to a
488	488	provider for services, disclose:
489	489	(A) the name, address, and telephone number of
490	490	the person who made the referral, regardless of whether that person
491	491	is the injured individual's attorney;
492	492	(B) if the person making the referral was not the
493	493	injured individual's attorney, the relationship between the person
494	494	making the referral and the injured individual or the injured
495	495	individual's attorney; and
496	496	(C) if the person making the referral was the
497	497	injured individual's attorney:
498	498	(i) an anonymized list of persons referred
499	499	by the attorney to the provider in the preceding two years;
500	500	(ii) the date and amount of each payment
501	501	made to the provider in the preceding two years by or at the
502	502	direction of the attorney;
503	503	(iii) if applicable, each person
504	504	anonymously described under Subparagraph (i) on whose behalf a
505	505	payment described by Subparagraph (ii) was made; and
506	506	(iv) other aspects of any financial
507	507	relationship between the attorney and the provider.
508	508	(c) For purposes of Subsection (b)(4)(C), a referral is
509	509	considered to have been made by the injured individual's attorney
510	510	even if made by another person when the injured individual's
511	511	attorney knew or had reason to know that the referral would be made.
512	512	Sec. 41.106. CLAIMANT'S OBLIGATION OF PROOF NOT AFFECTED.
513	513	Nothing in this subchapter affects the claimant's obligation to
514	514	prove that the health care services provided to the injured
515	515	individual were necessary and causally connected to a defendant's
516	516	acts or omissions.
517	517	Sec. 41.107. MATTERS ADMISSIBLE INTO EVIDENCE. In an
518	518	action to which this subchapter applies, the following matters are
519	519	admissible into evidence by any party:
520	520	(1) a document or information provided, disclosed, or
521	521	obtained under Section 41.105(a) or (b);
522	522	(2) an injured individual's health care expenses
523	523	incurred as a result of the injury-causing event, regardless of
524	524	whether the claimant seeks to recover health care expenses in the
525	525	action;
526	526	(3) evidence of health benefit plan coverage that is
527	527	available to the injured individual to pay for past or future health
528	528	care services; and
529	529	(4) treatment guidelines and drug formularies
530	530	approved by the Workers' Compensation Division of the Texas
531	531	Department of Insurance as evidence relating to the necessity of
532	532	health care services provided to the injured individual.
533	533	SUBCHAPTER D. NONECONOMIC DAMAGES
534	534	Sec. 41.151. STANDARDS FOR RECOVERY OF CERTAIN NONECONOMIC
535	535	DAMAGES. (a) Damages for physical pain and suffering or for mental
536	536	or emotional pain or anguish may be awarded only if the trier of
537	537	fact is unanimous in finding the amount of money that will fairly
538	538	and reasonably compensate the claimant for those injuries.
539	539	(b) An award of damages for physical pain and suffering or
540	540	mental or emotional pain or anguish:
541	541	(1) must provide fair and reasonable compensation to a
542	542	claimant for the claimant's injury for the period of time the pain,
543	543	suffering, or anguish has persisted or reasonably can be expected
544	544	to persist in the future;
545	545	(2) must be based on evidence of the nature, duration,
546	546	and severity of the injury and reflect a rational connection,
547	547	grounded in the evidence, between the injury suffered and the
548	548	dollar amount necessary to provide fair and reasonable compensation
549	549	to a claimant;
550	550	(3) may not be used to penalize or punish a defendant,
551	551	make an example to others, or serve a social good; and
552	552	(4) may not include amounts that are properly
553	553	considered economic losses, such as lost earnings caused by
554	554	physical impairment or medical expenses incurred for emotional or
555	555	psychological care.
556	556	(c) In an action to which this chapter applies, it is
557	557	reversible error for a court to allow an attorney, witness, or other
558	558	person through argument, the introduction of evidence, or otherwise
559	559	to:
560	560	(1) state or suggest that the trier of fact should
561	561	determine the amount of damages to award to a claimant for physical
562	562	pain and suffering or mental or emotional pain or anguish by
563	563	referring to objects, values, or repeating metrics having no
564	564	rational connection to the facts of the case; or
565	565	(2) characterize an award of damages for physical pain
566	566	and suffering or mental or emotional pain or anguish as
567	567	establishing a valuation of human life.
568	568	(d) Except to the extent of a conflict, this section
569	569	supplements court decisions and rules of procedure and evidence.
570	570	Sec. 41.152. JURY INSTRUCTIONS. In a trial to a jury in
571	571	which noneconomic damages are sought, the court shall provide the
572	572	jury definitions and instructions required by this chapter and
573	573	other law and ask the jury, if appropriate, to determine the amount
574	574	of money that will fairly and reasonably compensate the claimant
575	575	for:
576	576	(1) past physical pain and suffering;
577	577	(2) future physical pain and suffering;
578	578	(3) past mental or emotional pain or anguish;
579	579	(4) future mental or emotional pain or anguish;
580	580	(5) past injury to reputation; and
581	581	(6) future injury to reputation.
582	582	Sec. 41.153. MOTION TO REMIT NONECONOMIC DAMAGES IN CERTAIN
583	583	ACTIONS. (a) Except in an action in which another law limits
584	584	recovery of noneconomic damages, in a trial to a jury in a personal
585	585	injury or wrongful death action, a trial court shall state the legal
586	586	and factual support for the amount of noneconomic damages awarded
587	587	to a claimant in a judgment if a defendant requests remittitur of
588	588	noneconomic damages awarded to the claimant and the award exceeds:
589	589	(1) $1 million for past and future mental or emotional
590	590	pain or anguish in a wrongful death action;
591	591	(2) for past and future damages for physical pain and
592	592	suffering in a personal injury action, the lesser of:
593	593	(A) three times the amount awarded for past and
594	594	future health care expenses; or
595	595	(B) $100,000 per year for each year of the
596	596	claimant's life expectancy;
597	597	(3) $1 million for past and future mental or emotional
598	598	pain or anguish in a personal injury action arising from an event
599	599	primarily causing emotional injury to a claimant; or
600	600	(4) $250,000 for past and future mental or emotional
601	601	pain or anguish in a personal injury action arising from an event
602	602	primarily causing bodily injury to the claimant.
603	603	(b) In a statement of legal support for the amount of
604	604	noneconomic damages awarded in the judgment, the court shall
605	605	include references to judgments rendered in this state and affirmed
606	606	on appeal of comparable amounts awarded under comparable facts.
607	607	SECTION 9. Section 304.102, Finance Code, is amended to
608	608	read as follows:
609	609	Sec. 304.102. PREJUDGMENT INTEREST REQUIRED IN CERTAIN
610	610	CASES. A judgment in a wrongful death, personal injury, or property
611	611	damage case earns prejudgment interest on amounts awarded in the
612	612	judgment for economic losses, calculated from the date:
613	613	(1) the health care expenses are actually paid by the
614	614	claimant, if applicable; or
615	615	(2) other economic losses are actually suffered by the
616	616	claimant.
617	617	SECTION 10. Sections 18.001(f) and (g), Civil Practice and
618	618	Remedies Code, are repealed.
619	619	SECTION 11. The changes in law made by this Act apply only
620	620	to an action commenced on or after the effective date of this Act.
621	621	An action commenced before the effective date of this Act is
622	622	governed by the law applicable to the action immediately before the
623	623	effective date of this Act, and that law is continued in effect for
624	624	that purpose.
625	625	SECTION 12. This Act takes effect immediately if it
626	626	receives a vote of two-thirds of all the members elected to each
627	627	house, as provided by Section 39, Article III, Texas Constitution.
628	628	If this Act does not receive the vote necessary for immediate
629	629	effect, this Act takes effect September 1, 2025.