89R16793 SCL-D
By: Schwertner S.B. No. 30
A BILL TO BE ENTITLED
AN ACT
relating to recovery of damages in civil actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 18.001, Civil Practice and Remedies
Code, is amended by amending Subsections (b), (e), (e-1), (h), and
(i) and adding Subsections (b-1) and (b-2) to read as follows:
(b) Unless notice of intent to controvert the
reasonableness of the amounts charged or the necessity for health
care services [a controverting affidavit] is served as provided by
this section, an affidavit complying with this section and stating
that the amount a person charged for a service was reasonable at the
time and place that the service was provided and that the service
was necessary is sufficient evidence to support a finding of fact by
judge or jury that the amount charged was reasonable or that the
service was necessary.
(b-1) Except as provided by Section 18.0011, if notice of
intent to controvert the reasonableness of the amounts charged or
necessity for health care services is served as provided by this
section, an affidavit served under Subsection (b) has no effect
except the affidavit may prove the authenticity of the health care
records described by the affidavit.
(b-2) An [The] affidavit described by Subsection (b) is not
evidence of and does not support a finding of the causation element
of the cause of action that is the basis for the civil action.
(e) A party intending to controvert the reasonableness of
the amounts charged or necessity for health care services [a claim
reflected by the affidavit] must serve notice of that intent [a copy
of the counteraffidavit] on each other party or the party's
attorney of record by the earlier of:
(1) 120 days after the date the defendant files its
answer;
(2) the date the party serving notice [offering the
counteraffidavit] must designate expert witnesses under a court
order; or
(3) the date the party serving notice [offering the
counteraffidavit] must designate any expert witness as required by
the Texas Rules of Civil Procedure.
(e-1) Notwithstanding Subsection (e), if the party offering
the affidavit [in evidence] serves a copy of the affidavit under
Subsection (d-1), notice of intent to controvert the reasonableness
of the amounts charged or necessity for health care services must be
served [the party offering the counteraffidavit in evidence or the
party's attorney must serve a copy of the counteraffidavit] on each
other party to the case by the later of:
(1) 30 days after service of the affidavit on the party
serving notice [offering the counteraffidavit in evidence];
(2) the date the party serving notice [offering the
counteraffidavit] must designate any expert witness under a court
order; or
(3) the date the party serving notice [offering the
counteraffidavit in evidence] must designate any expert witness as
required by the Texas Rules of Civil Procedure.
(h) If health care [continuing] services are provided after
a relevant deadline under this section:
(1) a party may supplement an affidavit served by the
party under Subsection (d) or (d-1) on or before the 60th day before
the date the trial commences; and
(2) a party that served notice [a counteraffidavit]
under Subsection (e) or (e-1) may serve notice related to the
supplemental affidavit [supplement the counteraffidavit] on or
before the 30th day before the date the trial commences.
(i) Notwithstanding Subsections (d), (d-1), (d-2), (e),
(e-1), [(g),] and (h), a deadline under this section may be altered
by all parties to an action by agreement or with leave of the court.
SECTION 2. Subchapter A, Chapter 18, Civil Practice and
Remedies Code, is amended by adding Section 18.0011 to read as
follows:
Sec. 18.0011. AFFIDAVIT OF HEALTH CARE FACILITY OR
PROVIDER. (a) A party may not controvert the reasonableness of the
charges for health care services stated in an affidavit served
under Section 18.001 if, as to each health care service provided by
the health care facility or provider:
(1) the affidavit states one of the following amounts
as the reasonable charge for the service:
(A) the amounts received from all sources by the
facility or provider to pay for the service provided to the person
whose injury or death is the subject of the action; or
(B) an amount that does not exceed 150 percent of
the median amount paid by nongovernmental third-party payors to
health care facilities or providers for the same type of service
provided to the person whose injury or death is the subject of the
action during the month in which the service was provided, as drawn
from the Texas All Payor Claims Database established under
Subchapter I, Chapter 38, Insurance Code, for the geozip:
(i) in which the service was provided, if
the service was provided in this state; or
(ii) in which The University of Texas
Health Science Center at Houston is located, if the service was
provided outside of this state; and
(2) the affidavit is accompanied by an invoice for the
service that would comply with the clean claim requirements of
Chapter 1301, Insurance Code.
(b) If an affidavit of a health care facility or provider
served under Section 18.001 complies with Subsection (a) and
includes a statement that the facility or provider does not intend
to appear at trial to testify regarding the reasonableness of the
facility's or provider's charges or the necessity for the facility's
or provider's services, then:
(1) a party may not seek to obtain through any pretrial
discovery procedure information from the facility or provider about
the reasonableness of the facility's or provider's charges or the
necessity for the facility's or provider's services; and
(2) the trial court shall exclude trial testimony by
the facility or provider regarding the reasonableness of the
facility's or provider's charges or the necessity for the facility's
or provider's services unless:
(A) the court finds there is good cause to allow
the testimony;
(B) the testimony will not unfairly surprise or
unfairly prejudice any party to the action; and
(C) a party opposing admission of the testimony
into evidence is given a reasonable opportunity to conduct
discovery and present evidence relevant to the testimony to be
offered by the facility or provider.
(c) An affidavit of a health care facility or provider
described by Subsection (a) and the statements made in the
affidavit may be used only in the civil action in which the
affidavit is served and not in other actions or for other purposes.
SECTION 3. Chapter 41, Civil Practice and Remedies Code, is
amended by designating Sections 41.001, 41.002, 41.008, 41.009,
41.0105, and 41.014 as Subchapter A and adding a subchapter heading
to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 4. Section 41.001, Civil Practice and Remedies
Code, is amended by amending Subdivisions (9), (10), and (12) and
adding Subdivisions (11-a) and (14) to read as follows:
(9) "Future damages" means damages that in reasonable
probability can be expected to be [are] incurred after the date of
the judgment. The term does [Future damages do] not include
exemplary damages.
(10) "Future loss of earnings" means a pecuniary loss
from reductions in income, wages, or earning capacity that in
reasonable probability can be expected to be incurred after the
date of the judgment. The term does not include [, including:
[(A) loss of income, wages, or earning capacity;
and
[(B)] loss of inheritance.
(11-a) "Mental or emotional pain or anguish" means
grievous and debilitating angst, distress, torment, or emotional
suffering or turmoil that:
(A) causes a substantial disruption in a person's
daily routine; and
(B) arises from loss of consortium, loss of
companionship and society, loss of enjoyment of life, or a similar
mental or emotional injury.
(12) "Noneconomic damages" means damages awarded for
the purpose of compensating a claimant for nonpecuniary losses for
physical pain and suffering, mental or emotional pain or anguish,
and [loss of consortium, disfigurement, physical impairment, loss
of companionship and society, inconvenience, loss of enjoyment of
life,] injury to reputation[, and all other nonpecuniary losses of
any kind other than exemplary damages]. The term does not include
economic or exemplary damages.
(14) "Physical pain and suffering" means a painful or
distressing sensation associated with an injury or damage to a part
of a person's body that:
(A) is consciously felt;
(B) is significant in magnitude; and
(C) arises from an observable injury or
impairment or is shown to exist through objectively verifiable
medical evaluation or testing.
SECTION 5. Section 41.002(d), Civil Practice and Remedies
Code, is amended to read as follows:
(d) Notwithstanding any provision to the contrary, the
provisions of this chapter regarding exemplary damages do [does]
not apply to:
(1) Section 15.21, Business & Commerce Code (Texas
Free Enterprise and Antitrust Act of 1983);
(2) an action brought under the Deceptive Trade
Practices-Consumer Protection Act (Subchapter E, Chapter 17,
Business & Commerce Code) except as specifically provided in
Section 17.50 of that Act;
(3) an action brought under Chapter 36, Human
Resources Code; or
(4) an action brought under Chapter 21, Insurance
Code.
SECTION 6. Chapter 41, Civil Practice and Remedies Code, is
amended by adding Subchapter B, and a heading is added to that
subchapter to read as follows:
SUBCHAPTER B. EXEMPLARY DAMAGES
SECTION 7. Sections 41.003, 41.004, 41.005, 41.006, 41.007,
41.010, 41.011, 41.0115, 41.012, and 41.013, Civil Practice and
Remedies Code, are transferred to Subchapter B, Chapter 41, Civil
Practice and Remedies Code, as added by this Act, redesignated as
Sections 41.051, 41.052, 41.053, 41.054, 41.055, 41.056, 41.057,
41.058, 41.059, and 41.060, Civil Practice and Remedies Code,
respectively, and amended to read as follows:
Sec. 41.051 [41.003]. STANDARDS FOR RECOVERY [OF
EXEMPLARY DAMAGES]. (a) Except as provided by Subsection (c),
exemplary damages may be awarded only if the claimant proves by
clear and convincing evidence that the harm with respect to which
the claimant seeks recovery of exemplary damages results from:
(1) fraud;
(2) malice; or
(3) gross negligence.
(b) The claimant must prove by clear and convincing evidence
the elements of exemplary damages as provided by this section. This
burden of proof may not be shifted to the defendant or satisfied by
evidence of ordinary negligence, bad faith, or a deceptive trade
practice.
(c) If the claimant relies on a statute establishing a cause
of action and authorizing exemplary damages in specified
circumstances or in conjunction with a specified culpable mental
state, exemplary damages may be awarded only if the claimant proves
by clear and convincing evidence that the damages result from the
specified circumstances or culpable mental state.
(d) Exemplary damages may be awarded only if the jury was
unanimous in regard to finding liability for and the amount of
exemplary damages.
(e) In all cases where the issue of exemplary damages is
submitted to the jury, the following instruction shall be included
in the charge of the court:
"You are instructed that, in order for you to find exemplary
damages, your answer to the question regarding the amount of such
damages must be unanimous."
Sec. 41.052 [41.004]. FACTORS PRECLUDING RECOVERY. (a)
Except as provided by Subsection (b), exemplary damages may be
awarded only if damages other than nominal damages are awarded.
(b) Exemplary damages may not be awarded to a claimant who
elects to have his recovery multiplied under another statute.
Sec. 41.053 [41.005]. HARM RESULTING FROM CRIMINAL ACT.
(a) In an action arising from harm resulting from an assault,
theft, or other criminal act, a court may not award exemplary
damages against a defendant because of the criminal act of another.
(b) The exemption provided by Subsection (a) does not apply
if:
(1) the criminal act was committed by an employee of
the defendant;
(2) the defendant is criminally responsible as a party
to the criminal act under the provisions of Chapter 7, Penal Code;
(3) the criminal act occurred at a location where, at
the time of the criminal act, the defendant was maintaining a common
nuisance under the provisions of Chapter 125, Civil Practice and
Remedies Code, and had not made reasonable attempts to abate the
nuisance; or
(4) the criminal act resulted from the defendant's
intentional or knowing violation of a statutory duty under
Subchapter D, Chapter 92, Property Code, and the criminal act
occurred after the statutory deadline for compliance with that
duty.
(c) In an action arising out of a criminal act committed by
an employee, the employer may be liable for punitive damages but
only if:
(1) the principal authorized the doing and the manner
of the act;
(2) the agent was unfit and the principal acted with
malice in employing or retaining the agent [him];
(3) the agent was employed in a managerial capacity
and was acting in the scope of employment; or
(4) the employer or a manager of the employer ratified
or approved the act.
Sec. 41.054 [41.006]. AWARD SPECIFIC TO DEFENDANT. In any
action in which there are two or more defendants, an award of
exemplary damages must be specific as to a defendant, and each
defendant is liable only for the amount of the award made against
that defendant.
Sec. 41.055 [41.007]. PREJUDGMENT INTEREST. Prejudgment
interest may not be assessed or recovered on an award of exemplary
damages.
Sec. 41.056 [41.010]. CONSIDERATIONS IN MAKING AWARD. (a)
Before making an award of exemplary damages, the trier of fact shall
consider the definition and purposes of exemplary damages as
provided by Section 41.001.
(b) Subject to Section 41.008, the determination of whether
to award exemplary damages and the amount of exemplary damages to be
awarded is within the discretion of the trier of fact.
Sec. 41.057 [41.011]. EVIDENCE RELATING TO AMOUNT OF
EXEMPLARY DAMAGES. (a) In determining the amount of exemplary
damages, the trier of fact shall consider evidence, if any,
relating to:
(1) the nature of the wrong;
(2) the character of the conduct involved;
(3) the degree of culpability of the wrongdoer;
(4) the situation and sensibilities of the parties
concerned;
(5) the extent to which such conduct offends a public
sense of justice and propriety; and
(6) the net worth of the defendant.
(b) Evidence that is relevant only to the amount of
exemplary damages that may be awarded is not admissible during the
first phase of a bifurcated trial.
Sec. 41.058 [41.0115]. DISCOVERY OF EVIDENCE OF NET WORTH
FOR EXEMPLARY DAMAGES CLAIM. (a) On the motion of a party and after
notice and a hearing, a trial court may authorize discovery of
evidence of a defendant's net worth if the court finds in a written
order that the claimant has demonstrated a substantial likelihood
of success on the merits of a claim for exemplary damages. Evidence
submitted by a party to the court in support of or in opposition to a
motion made under this subsection may be in the form of an affidavit
or a response to discovery.
(b) If a trial court authorizes discovery under Subsection
(a), the court's order may only authorize use of the least
burdensome method available to obtain the net worth evidence.
(c) When reviewing an order authorizing or denying
discovery of net worth evidence under this section, the reviewing
court may consider only the evidence submitted by the parties to the
trial court in support of or in opposition to the motion described
by Subsection (a).
(d) If a party requests net worth discovery under this
section, the court shall presume that the requesting party has had
adequate time for the discovery of facts relating to exemplary
damages for purposes of allowing the party from whom net worth
discovery is sought to move for summary judgment on the requesting
party's claim for exemplary damages under Rule 166a(i), Texas Rules
of Civil Procedure.
Sec. 41.059 [41.012]. JURY INSTRUCTIONS. In a trial to a
jury, the court shall instruct the jury with regard to Sections
41.001, 41.051 [41.003], 41.056 [41.010], and 41.057 [41.011].
Sec. 41.060 [41.013]. JUDICIAL REVIEW OF AWARD. (a)
Except as provided for in Subsection (b), an appellate court that
reviews the evidence with respect to a finding by a trier of fact
concerning liability for exemplary damages or with respect to the
amount of exemplary damages awarded shall state, in a written
opinion, the court's reasons for upholding or disturbing the
finding or award. The written opinion shall address the evidence or
lack of evidence with specificity, as it relates to the liability
for or amount of exemplary damages, in light of the requirements of
this chapter.
(b) This section does not apply to the supreme court with
respect to its consideration of a petition for review [an
application for writ of error].
SECTION 8. Chapter 41, Civil Practice and Remedies Code, is
amended by adding Subchapters C and D to read as follows:
SUBCHAPTER C. RECOVERY OF HEALTH CARE EXPENSES AS ECONOMIC DAMAGES
Sec. 41.101. DEFINITIONS. In this subchapter:
(1) "Database" means the Texas All Payor Claims
Database established under Subchapter I, Chapter 38, Insurance
Code.
(2) "Health care expenses" means amounts paid or owed
or that may be paid or owed to a provider for health care services,
supplies, or devices provided to a patient.
(3) "Health care services" means services provided by
a provider to an individual to diagnose, prevent, alleviate, cure,
treat, or heal the individual's condition, illness, or injury,
including:
(A) rehabilitative services provided to the
individual; or
(B) personal care provided to the individual on a
short-term or long-term basis.
(4) "Injured individual" means the individual whose
injury or death is the subject of a civil action to which this
subchapter applies.
(5) "Letter of protection" means an agreement,
regardless of the name, that includes an express or implied promise
of payment to a health care provider from a judgment or settlement
of an injured individual's civil action or that makes a payment to
the provider contingent on the resolution of the action.
(6) "Physician" means:
(A) an individual licensed to practice medicine;
and
(B) a professional association, partnership,
limited liability partnership, or other type of entity formed or
organized by an individual physician or group of physicians to
provide medical care to patients.
(7) "Provider" means a person, including an
individual, partnership, professional association, corporation,
facility, or institution, who is licensed, certified, registered,
chartered, or otherwise authorized, in this state or elsewhere, to
provide health care services, including:
(A) an acupuncturist;
(B) a chiropractor;
(C) a dentist;
(D) a health care institution of a type described
by Section 74.001(11);
(E) a health care collaborative;
(F) a nonprofit health organization;
(G) a nurse, including a licensed vocational
nurse, nurse practitioner, and registered nurse;
(H) an occupational therapist;
(I) an ophthalmologist;
(J) an optometrist;
(K) a pharmacist;
(L) a physical therapist;
(M) a physician;
(N) a physician's assistant; and
(O) a podiatrist.
(8) "Third-party payor" means an entity, plan, or
program that has a legal or contractual obligation to pay,
reimburse, or otherwise contract with a provider to pay the
provider for the provision of a health care service, supply, or
device to a patient, including:
(A) an insurance company providing health or
dental insurance;
(B) an employer-provided plan or any other
sponsor or administrator of a health or dental plan;
(C) a health maintenance organization operating
under Chapter 843, Insurance Code, an insurer providing a preferred
provider benefit plan under Chapter 1301, Insurance Code, or other
similar entity;
(D) Medicare;
(E) the state Medicaid program, including the
Medicaid managed care program operating under Chapter 540,
Government Code; and
(F) workers' compensation insurance or insurance
provided instead of subscribing to workers' compensation
insurance.
Sec. 41.102. APPLICABILITY OF SUBCHAPTER. This subchapter
applies to any civil action in which the claimant seeks recovery of
health care expenses as economic damages in a personal injury or
wrongful death action.
Sec. 41.103. CONFLICT WITH OTHER LAW. If there is a
conflict between this subchapter and Section 41.0105, this
subchapter controls.
Sec. 41.104. LIMITATIONS ON AMOUNT OF RECOVERY. (a) In
addition to any other limitation provided by law, the economic
damages that may be awarded to a claimant for health care services
provided in the past to an injured individual are limited to the sum
of:
(1) amounts third-party payors paid to providers for
health care services provided to the injured individual;
(2) amounts paid by the injured individual or paid on
behalf of the injured individual by non-third-party payors to
providers for health care services provided to the injured
individual, but not to purchase an account receivable, if paid
without a formal or informal agreement for the provider to refund,
rebate, or remit money to the payor, injured individual, claimant,
or claimant's attorney or anyone associated with the payor, injured
individual, claimant, or claimant's attorney; and
(3) if Subdivisions (1) and (2) do not apply, an amount
that does not exceed 150 percent of the median amount paid by
nongovernmental third-party payors to health care providers for the
same types of services provided to the injured individual during
the month in which the services were provided, as drawn from the
database for the geozip:
(A) in which the services were provided, if the
services were provided in this state; or
(B) in which The University of Texas Health
Science Center at Houston is located, if the services were provided
outside of this state.
(b) In addition to any other limitation provided by law,
economic damages awarded for health care expenses that in
reasonable probability can be expected to be incurred by the
injured individual in the future because of the injury-causing
event shall be limited to the reasonable value of necessary
services, determined in the manner provided by Subsection (a)(3)
for determination of past health care expenses, except that the
determination must use data from the database for the month
preceding the date the trial commenced.
(c) Health care provider statements or invoices presented
for purposes of Subsection (a) or (b) must be in a form that would
comply with the clean claim requirements of Chapter 1301, Insurance
Code. If a service does not have an industry-recognized billing
code, no amount of money may be awarded to the claimant for that
service.
(d) The failure of the injured individual to use available
health benefit coverage shall be considered a failure to mitigate
damages.
Sec. 41.105. CLAIMANT DISCLOSURE REQUIREMENTS. (a) In
addition to other items required to be provided by law, in an action
to which this subchapter applies, the claimant shall provide to
each other party a copy of:
(1) all statements or invoices generated by health
care providers showing health care services provided to the injured
individual because of the injury-causing event that is the basis
for the action;
(2) any letter of protection related to the action;
and
(3) any written agreement under which a provider may
refund, rebate, or remit money to a payor, injured individual,
claimant, claimant's attorney, or person associated with the payor,
injured individual, claimant, or claimant's attorney.
(b) In a civil action to which this subchapter applies, the
claimant shall, in addition to other requirements of law:
(1) identify any provider who provided health care
services to the injured individual in relation to the injury caused
to the injured individual in the event giving rise to the action and
provide an authorization to all other parties to the case that will
allow those parties to obtain from the provider all of the injured
individual's medical records;
(2) identify any third-party payor that may have had a
legal or contractual obligation to pay for health care services
provided to the injured individual, regardless of whether the third
party was legally or contractually obligated to pay for the
specific services provided to the injured individual;
(3) disclose any unwritten agreement under which a
provider may refund, rebate, or remit money to a payor, injured
individual, claimant, claimant's attorney, or person associated
with the payor, injured individual, claimant, or claimant's
attorney; and
(4) if the injured individual was referred to a
provider for services, disclose:
(A) the name, address, and telephone number of
the person who made the referral, regardless of whether that person
is the injured individual's attorney;
(B) if the person making the referral was not the
injured individual's attorney, the relationship between the person
making the referral and the injured individual or the injured
individual's attorney; and
(C) if the person making the referral was the
injured individual's attorney:
(i) an anonymized list of persons referred
by the attorney to the provider in the preceding two years;
(ii) the date and amount of each payment
made to the provider in the preceding two years by or at the
direction of the attorney;
(iii) if applicable, each person
anonymously described under Subparagraph (i) on whose behalf a
payment described by Subparagraph (ii) was made; and
(iv) other aspects of any financial
relationship between the attorney and the provider.
(c) For purposes of Subsection (b)(4)(C), a referral is
considered to have been made by the injured individual's attorney
even if made by another person when the injured individual's
attorney knew or had reason to know that the referral would be made.
Sec. 41.106. CLAIMANT'S OBLIGATION OF PROOF NOT AFFECTED.
Nothing in this subchapter affects the claimant's obligation to
prove that the health care services provided to the injured
individual were necessary and causally connected to a defendant's
acts or omissions.
Sec. 41.107. MATTERS ADMISSIBLE INTO EVIDENCE. In an
action to which this subchapter applies, the following matters are
admissible into evidence by any party:
(1) a document or information provided, disclosed, or
obtained under Section 41.105(a) or (b);
(2) an injured individual's health care expenses
incurred as a result of the injury-causing event, regardless of
whether the claimant seeks to recover health care expenses in the
action;
(3) evidence of health benefit plan coverage that is
available to the injured individual to pay for past or future health
care services; and
(4) treatment guidelines and drug formularies
approved by the Workers' Compensation Division of the Texas
Department of Insurance as evidence relating to the necessity of
health care services provided to the injured individual.
SUBCHAPTER D. NONECONOMIC DAMAGES
Sec. 41.151. STANDARDS FOR RECOVERY OF CERTAIN NONECONOMIC
DAMAGES. (a) Damages for physical pain and suffering or for mental
or emotional pain or anguish may be awarded only if the trier of
fact is unanimous in finding the amount of money that will fairly
and reasonably compensate the claimant for those injuries.
(b) An award of damages for physical pain and suffering or
mental or emotional pain or anguish:
(1) must provide fair and reasonable compensation to a
claimant for the claimant's injury for the period of time the pain,
suffering, or anguish has persisted or reasonably can be expected
to persist in the future;
(2) must be based on evidence of the nature, duration,
and severity of the injury and reflect a rational connection,
grounded in the evidence, between the injury suffered and the
dollar amount necessary to provide fair and reasonable compensation
to a claimant;
(3) may not be used to penalize or punish a defendant,
make an example to others, or serve a social good; and
(4) may not include amounts that are properly
considered economic losses, such as lost earnings caused by
physical impairment or medical expenses incurred for emotional or
psychological care.
(c) In an action to which this chapter applies, it is
reversible error for a court to allow an attorney, witness, or other
person through argument, the introduction of evidence, or otherwise
to:
(1) state or suggest that the trier of fact should
determine the amount of damages to award to a claimant for physical
pain and suffering or mental or emotional pain or anguish by
referring to objects, values, or repeating metrics having no
rational connection to the facts of the case; or
(2) characterize an award of damages for physical pain
and suffering or mental or emotional pain or anguish as
establishing a valuation of human life.
(d) Except to the extent of a conflict, this section
supplements court decisions and rules of procedure and evidence.
Sec. 41.152. JURY INSTRUCTIONS. In a trial to a jury in
which noneconomic damages are sought, the court shall provide the
jury definitions and instructions required by this chapter and
other law and ask the jury, if appropriate, to determine the amount
of money that will fairly and reasonably compensate the claimant
for:
(1) past physical pain and suffering;
(2) future physical pain and suffering;
(3) past mental or emotional pain or anguish;
(4) future mental or emotional pain or anguish;
(5) past injury to reputation; and
(6) future injury to reputation.
Sec. 41.153. MOTION TO REMIT NONECONOMIC DAMAGES IN CERTAIN
ACTIONS. (a) Except in an action in which another law limits
recovery of noneconomic damages, in a trial to a jury in a personal
injury or wrongful death action, a trial court shall state the legal
and factual support for the amount of noneconomic damages awarded
to a claimant in a judgment if a defendant requests remittitur of
noneconomic damages awarded to the claimant and the award exceeds:
(1) $1 million for past and future mental or emotional
pain or anguish in a wrongful death action;
(2) for past and future damages for physical pain and
suffering in a personal injury action, the lesser of:
(A) three times the amount awarded for past and
future health care expenses; or
(B) $100,000 per year for each year of the
claimant's life expectancy;
(3) $1 million for past and future mental or emotional
pain or anguish in a personal injury action arising from an event
primarily causing emotional injury to a claimant; or
(4) $250,000 for past and future mental or emotional
pain or anguish in a personal injury action arising from an event
primarily causing bodily injury to the claimant.
(b) In a statement of legal support for the amount of
noneconomic damages awarded in the judgment, the court shall
include references to judgments rendered in this state and affirmed
on appeal of comparable amounts awarded under comparable facts.
SECTION 9. Section 304.102, Finance Code, is amended to
read as follows:
Sec. 304.102. PREJUDGMENT INTEREST REQUIRED IN CERTAIN
CASES. A judgment in a wrongful death, personal injury, or property
damage case earns prejudgment interest on amounts awarded in the
judgment for economic losses, calculated from the date:
(1) the health care expenses are actually paid by the
claimant, if applicable; or
(2) other economic losses are actually suffered by the
claimant.
SECTION 10. Sections 18.001(f) and (g), Civil Practice and
Remedies Code, are repealed.
SECTION 11. The changes in law made by this Act apply only
to an action commenced on or after the effective date of this Act.
An action commenced before the effective date of this Act is
governed by the law applicable to the action immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 12. 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.