Texas 2025 - 89th Regular

Texas Senate Bill SB30 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Schwertner, Hagenbuch S.B. No. 30
	2	+	(In the Senate - Filed March 13, 2025; March 17, 2025, read
	3	+	first time and referred to Committee on Business and Commerce;
	4	+	March 20, 2025, rereferred to Committee on State Affairs;
	5	+	April 14, 2025, reported adversely, with favorable Committee
	6	+	Substitute by the following vote: Yeas 9, Nays 1; April 14, 2025,
	7	+	sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR S.B. No. 30 By: Schwertner
2	10
3	11
4	12
5	13
6	14		A BILL TO BE ENTITLED
7	15		AN ACT
8	16		relating to recovery of damages in civil actions.
9	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	18		SECTION 1. Section 18.001, Civil Practice and Remedies
11	19		Code, is amended by amending Subsections (b), (e), (e-1), (h), and
12	20		(i) and adding Subsections (b-1) and (b-2) to read as follows:
13	21		(b) Unless notice of intent to controvert the
14	22		reasonableness of the amounts charged or the necessity for health
15	23		care services [a controverting affidavit] is served as provided by
16	24		this section, an affidavit complying with this section and stating
17	25		that the amount a person charged for a service was reasonable at the
18	26		time and place that the service was provided and that the service
19	27		was necessary is sufficient evidence to support a finding of fact by
20	28		judge or jury that the amount charged was reasonable or that the
21	29		service was necessary.
22	30		(b-1) Except as provided by Section 18.0011, if notice of
23	31		intent to controvert the reasonableness of the amounts charged or
24	32		necessity for health care services is served as provided by this
25	33		section, an affidavit served under Subsection (b) has no effect
26	34		except the affidavit may prove the authenticity of the health care
27	35		records described by the affidavit.
28	36		(b-2) An [The] affidavit described by Subsection (b) is not
29	37		evidence of and does not support a finding of the causation element
30	38		of the cause of action that is the basis for the civil action.
31	39		(e) A party intending to controvert the reasonableness of
32	40		the amounts charged or necessity for health care services [a claim
33	41		reflected by the affidavit] must serve notice of that intent [a copy
34	42		of the counteraffidavit] on each other party or the party's
35	43		attorney of record by the earlier of:
36	44		(1) 120 days after the date the defendant files its
37	45		answer;
38	46		(2) the date the party serving notice [offering the
39	47		counteraffidavit] must designate expert witnesses under a court
40	48		order; or
41	49		(3) the date the party serving notice [offering the
42	50		counteraffidavit] must designate any expert witness as required by
43	51		the Texas Rules of Civil Procedure.
44	52		(e-1) Notwithstanding Subsection (e), if the party offering
45	53		the affidavit [in evidence] serves a copy of the affidavit under
46	54		Subsection (d-1), notice of intent to controvert the reasonableness
47	55		of the amounts charged or necessity for health care services must be
48	56		served [the party offering the counteraffidavit in evidence or the
49	57		party's attorney must serve a copy of the counteraffidavit] on each
50	58		other party to the case by the later of:
51	59		(1) 30 days after service of the affidavit on the party
52	60		serving notice [offering the counteraffidavit in evidence];
53	61		(2) the date the party serving notice [offering the
54	62		counteraffidavit] must designate any expert witness under a court
55	63		order; or
56	64		(3) the date the party serving notice [offering the
57	65		counteraffidavit in evidence] must designate any expert witness as
58	66		required by the Texas Rules of Civil Procedure.
59	67		(h) If health care [continuing] services are provided after
60	68		a relevant deadline under this section:
61	69		(1) a party may supplement an affidavit served by the
62	70		party under Subsection (d) or (d-1) on or before the 60th day before
63	71		the date the trial commences; and
64	72		(2) a party that served notice [a counteraffidavit]
65	73		under Subsection (e) or (e-1) may serve notice related to the
66	74		supplemental affidavit [supplement the counteraffidavit] on or
67	75		before the 30th day before the date the trial commences.
68	76		(i) Notwithstanding Subsections (d), (d-1), (d-2), (e),
69	77		(e-1), [(g),] and (h), a deadline under this section may be altered
70	78		by all parties to an action by agreement or with leave of the court.
71	79		SECTION 2. Subchapter A, Chapter 18, Civil Practice and
72	80		Remedies Code, is amended by adding Section 18.0011 to read as
73	81		follows:
74	82		Sec. 18.0011. AFFIDAVIT OF HEALTH CARE FACILITY OR
75	83		PROVIDER. (a) A party may not controvert the reasonableness of the
76	84		charges for health care services stated in an affidavit served
77	85		under Section 18.001 if, as to each health care service provided by
78	86		the health care facility or provider to the person whose injury or
79	87		death is the subject of the action:
80	88		(1) the affidavit states one of the following amounts
81	89		as the reasonable charge for the service:
82	90		(A) the amounts received from all sources by the
83	91		facility or provider to pay for the service; or
84	92		(B) if Paragraph (A) does not apply, an amount
85		-	that does not exceed ~~the amount determined under Subsection (d);~~
86		-	and
	93	+	that, on the date the service was provided, does not exceed 300
	94	+	percent of the Medicare fee schedule for the service; and
87	95		(2) the affidavit is accompanied by an invoice for the
88	96		service that would comply with the clean claim requirements of
89	97		Chapter 1301, Insurance Code.
90	98		(b) If an affidavit of a health care facility or provider
91	99		served under Section 18.001 complies with Subsection (a) and
92	100		includes a statement that the facility or provider does not intend
93	101		to appear at trial to testify regarding the reasonableness of the
94	102		facility's or provider's charges or the necessity for the facility's
95	103		or provider's services, then:
96	104		(1) a party may not seek to obtain through any pretrial
97	105		discovery procedure information from the facility or provider about
98	106		the reasonableness of the facility's or provider's charges or the
99	107		necessity for the facility's or provider's services; and
100	108		(2) the trial court shall exclude trial testimony by
101	109		the facility or provider regarding the reasonableness of the
102	110		facility's or provider's charges or the necessity for the facility's
103	111		or provider's services unless:
104	112		(A) after the affidavit is served, the facility
105	113		or provider states an intention to testify at trial or appears at
106	114		trial to testify;
107	115		(B) the court finds there is good cause to allow
108	116		the testimony;
109	117		(C) the testimony will not unfairly surprise or
110	118		unfairly prejudice any party to the action; and
111	119		(D) a party opposing admission of the testimony
112	120		into evidence is given a reasonable opportunity to conduct
113	121		discovery and present evidence relevant to the testimony to be
114	122		offered by the facility or provider.
115	123		(c) An affidavit of a health care facility or provider
116	124		described by Subsection (a) and the statements made in the
117	125		affidavit may be used only in the civil action in which the
118	126		affidavit is served and not in other actions or for other purposes.
119		-	(d) For purposes of Subsection (a)(1)(B), the amount stated
120		-	in the affidavit as the reasonable charge for the service may not
121		-	exceed an amount equal to 300 percent of the Medicare fee schedule
122		-	for the service, as the schedule existed on May 1, 2025, increased
123		-	or decreased, as applicable, by multiplying by the percentage
124		-	increase or decrease in the consumer price index, as published by
125		-	the Bureau of Labor Statistics of the United States Department of
126		-	Labor, that measures the average changes in prices of goods and
127		-	services purchased by urban wage earners and clerical workers'
128		-	families and single workers living alone (CPI-W: Seasonally
129		-	Adjusted U.S. City Average-All Items), between May 1, 2025, and the
130		-	date on which the service was provided.
131	127		SECTION 3. Chapter 41, Civil Practice and Remedies Code, is
132	128		amended by designating Sections 41.001, 41.002, 41.008, 41.009,
133	129		41.0105, and 41.014 as Subchapter A and adding a subchapter heading
134	130		to read as follows:
135	131		SUBCHAPTER A. GENERAL PROVISIONS
136	132		SECTION 4. Section 41.001, Civil Practice and Remedies
137	133		Code, is amended by amending Subdivisions (9) and (10) and adding
138	134		Subdivisions (11-a) and (14) to read as follows:
139	135		(9) "Future damages" means damages that in reasonable
140	136		probability can be expected to be [are] incurred after the date of
141	137		the judgment. The term does [Future damages do] not include
142	138		exemplary damages.
143	139		(10) "Future loss of earnings" means a pecuniary loss
144	140		from reductions in income, wages, or earning capacity that in
145	141		reasonable probability can be expected to be incurred after the
146	142		date of the judgment. The term does not include[, including:
147	143		[(A) loss of income, wages, or earning capacity;
148	144		and
149	145		[(B)] loss of inheritance.
150	146		(11-a) "Mental or emotional pain or anguish" means
151	147		grievous and debilitating angst, distress, torment, or emotional
152	148		suffering or turmoil that causes a substantial disruption in a
153		-	person's ~~life~~. The term includes mental or emotional pain or
154		-	anguish arising from loss of consortium, loss of companionship ~~and~~
155		-	society, loss of enjoyment of life, disfigurement, and physical
	149	+	person's daily routine. The term includes mental or emotional pain
	150	+	or anguish arising from loss of consortium, loss of companionship
	151	+	and society, loss of enjoyment of life, disfigurement, and physical
156	152		impairment.
157	153		(14) "Physical pain and suffering" means a painful or
158	154		distressing sensation associated with an injury or damage to a part
159	155		of a person's body that:
160		-	(A) is consciously felt; ~~and~~
161		-	(B) ~~either:~~
162		-	(i) arises from an observable injury,
	156	+	(A) is consciously felt;
	157	+	(B) is significant in magnitude; and
	158	+	(C) arises from an observable injury,
163	159		disfigurement, or impairment or is shown to exist through
164		-	objectively verifiable medical evaluation or testing; or
165		-	(ii) in cases of sexual assault or abuse, is
166		-	corroborated by medical evidence or a prior consistent statement.
	160	+	objectively verifiable medical evaluation or testing.
167	161		SECTION 5. Section 41.002(d), Civil Practice and Remedies
168	162		Code, is amended to read as follows:
169	163		(d) Notwithstanding any provision to the contrary, the
170	164		provisions of this chapter regarding exemplary damages do [does]
171	165		not apply to:
172	166		(1) Section 15.21, Business & Commerce Code (Texas
173	167		Free Enterprise and Antitrust Act of 1983);
174	168		(2) an action brought under the Deceptive Trade
175	169		Practices-Consumer Protection Act (Subchapter E, Chapter 17,
176	170		Business & Commerce Code) except as specifically provided in
177	171		Section 17.50 of that Act;
178	172		(3) an action brought under Chapter 36, Human
179	173		Resources Code; or
180	174		(4) an action brought under Chapter 21, Insurance
181	175		Code.
182	176		SECTION 6. Chapter 41, Civil Practice and Remedies Code, is
183	177		amended by adding Subchapter B, and a heading is added to that
184	178		subchapter to read as follows:
185	179		SUBCHAPTER B. EXEMPLARY DAMAGES
186	180		SECTION 7. Sections 41.003, 41.004, 41.005, 41.006, 41.007,
187	181		41.010, 41.011, 41.0115, 41.012, and 41.013, Civil Practice and
188	182		Remedies Code, are transferred to Subchapter B, Chapter 41, Civil
189	183		Practice and Remedies Code, as added by this Act, redesignated as
190	184		Sections 41.051, 41.052, 41.053, 41.054, 41.055, 41.056, 41.057,
191	185		41.058, 41.059, and 41.060, Civil Practice and Remedies Code,
192	186		respectively, and amended to read as follows:
193	187		Sec. 41.051 [41.003]. STANDARDS FOR RECOVERY [OF
194	188		EXEMPLARY DAMAGES]. (a) Except as provided by Subsection (c),
195	189		exemplary damages may be awarded only if the claimant proves by
196	190		clear and convincing evidence that the harm with respect to which
197	191		the claimant seeks recovery of exemplary damages results from:
198	192		(1) fraud;
199	193		(2) malice; or
200	194		(3) gross negligence.
201	195		(b) The claimant must prove by clear and convincing evidence
202	196		the elements of exemplary damages as provided by this section. This
203	197		burden of proof may not be shifted to the defendant or satisfied by
204	198		evidence of ordinary negligence, bad faith, or a deceptive trade
205	199		practice.
206	200		(c) If the claimant relies on a statute establishing a cause
207	201		of action and authorizing exemplary damages in specified
208	202		circumstances or in conjunction with a specified culpable mental
209	203		state, exemplary damages may be awarded only if the claimant proves
210	204		by clear and convincing evidence that the damages result from the
211	205		specified circumstances or culpable mental state.
212	206		(d) Exemplary damages may be awarded only if the jury was
213	207		unanimous in regard to finding liability for and the amount of
214	208		exemplary damages.
215	209		(e) In all cases where the issue of exemplary damages is
216	210		submitted to the jury, the following instruction shall be included
217	211		in the charge of the court:
218	212		"You are instructed that, in order for you to find exemplary
219	213		damages, your answer to the question regarding the amount of such
220	214		damages must be unanimous."
221	215		Sec. 41.052 [41.004]. FACTORS PRECLUDING RECOVERY. (a)
222	216		Except as provided by Subsection (b), exemplary damages may be
223	217		awarded only if damages other than nominal damages are awarded.
224	218		(b) Exemplary damages may not be awarded to a claimant who
225	219		elects to have his recovery multiplied under another statute.
226	220		Sec. 41.053 [41.005]. HARM RESULTING FROM CRIMINAL ACT.
227	221		(a) In an action arising from harm resulting from an assault,
228	222		theft, or other criminal act, a court may not award exemplary
229	223		damages against a defendant because of the criminal act of another.
230	224		(b) The exemption provided by Subsection (a) does not apply
231	225		if:
232	226		(1) the criminal act was committed by an employee of
233	227		the defendant;
234	228		(2) the defendant is criminally responsible as a party
235	229		to the criminal act under the provisions of Chapter 7, Penal Code;
236	230		(3) the criminal act occurred at a location where, at
237	231		the time of the criminal act, the defendant was maintaining a common
238	232		nuisance under the provisions of Chapter 125, Civil Practice and
239	233		Remedies Code, and had not made reasonable attempts to abate the
240	234		nuisance; or
241	235		(4) the criminal act resulted from the defendant's
242	236		intentional or knowing violation of a statutory duty under
243	237		Subchapter D, Chapter 92, Property Code, and the criminal act
244	238		occurred after the statutory deadline for compliance with that
245	239		duty.
246	240		(c) In an action arising out of a criminal act committed by
247	241		an employee, the employer may be liable for punitive damages but
248	242		only if:
249	243		(1) the principal authorized the doing and the manner
250	244		of the act;
251	245		(2) the agent was unfit and the principal acted with
252	246		malice in employing or retaining the agent [him];
253	247		(3) the agent was employed in a managerial capacity
254	248		and was acting in the scope of employment; or
255	249		(4) the employer or a manager of the employer ratified
256	250		or approved the act.
257	251		Sec. 41.054 [41.006]. AWARD SPECIFIC TO DEFENDANT. In any
258	252		action in which there are two or more defendants, an award of
259	253		exemplary damages must be specific as to a defendant, and each
260	254		defendant is liable only for the amount of the award made against
261	255		that defendant.
262	256		Sec. 41.055 [41.007]. PREJUDGMENT INTEREST. Prejudgment
263	257		interest may not be assessed or recovered on an award of exemplary
264	258		damages.
265	259		Sec. 41.056 [41.010]. CONSIDERATIONS IN MAKING AWARD. (a)
266	260		Before making an award of exemplary damages, the trier of fact shall
267	261		consider the definition and purposes of exemplary damages as
268	262		provided by Section 41.001.
269	263		(b) Subject to Section 41.008, the determination of whether
270	264		to award exemplary damages and the amount of exemplary damages to be
271	265		awarded is within the discretion of the trier of fact.
272	266		Sec. 41.057 [41.011]. EVIDENCE RELATING TO AMOUNT OF
273	267		EXEMPLARY DAMAGES. (a) In determining the amount of exemplary
274	268		damages, the trier of fact shall consider evidence, if any,
275	269		relating to:
276	270		(1) the nature of the wrong;
277	271		(2) the character of the conduct involved;
278	272		(3) the degree of culpability of the wrongdoer;
279	273		(4) the situation and sensibilities of the parties
280	274		concerned;
281	275		(5) the extent to which such conduct offends a public
282	276		sense of justice and propriety; and
283	277		(6) the net worth of the defendant.
284	278		(b) Evidence that is relevant only to the amount of
285	279		exemplary damages that may be awarded is not admissible during the
286	280		first phase of a bifurcated trial.
287	281		Sec. 41.058 [41.0115]. DISCOVERY OF EVIDENCE OF NET WORTH
288	282		FOR EXEMPLARY DAMAGES CLAIM. (a) On the motion of a party and after
289	283		notice and a hearing, a trial court may authorize discovery of
290	284		evidence of a defendant's net worth if the court finds in a written
291	285		order that the claimant has demonstrated a substantial likelihood
292	286		of success on the merits of a claim for exemplary damages. Evidence
293	287		submitted by a party to the court in support of or in opposition to a
294	288		motion made under this subsection may be in the form of an affidavit
295	289		or a response to discovery.
296	290		(b) If a trial court authorizes discovery under Subsection
297	291		(a), the court's order may only authorize use of the least
298	292		burdensome method available to obtain the net worth evidence.
299	293		(c) When reviewing an order authorizing or denying
300	294		discovery of net worth evidence under this section, the reviewing
301	295		court may consider only the evidence submitted by the parties to the
302	296		trial court in support of or in opposition to the motion described
303	297		by Subsection (a).
304	298		(d) If a party requests net worth discovery under this
305	299		section, the court shall presume that the requesting party has had
306	300		adequate time for the discovery of facts relating to exemplary
307	301		damages for purposes of allowing the party from whom net worth
308	302		discovery is sought to move for summary judgment on the requesting
309	303		party's claim for exemplary damages under Rule 166a(i), Texas Rules
310	304		of Civil Procedure.
311	305		Sec. 41.059 [41.012]. JURY INSTRUCTIONS. In a trial to a
312	306		jury, the court shall instruct the jury with regard to Sections
313	307		41.001, 41.051 [41.003], 41.056 [41.010], and 41.057 [41.011].
314	308		Sec. 41.060 [41.013]. JUDICIAL REVIEW OF AWARD. (a)
315	309		Except as provided for in Subsection (b), an appellate court that
316	310		reviews the evidence with respect to a finding by a trier of fact
317	311		concerning liability for exemplary damages or with respect to the
318	312		amount of exemplary damages awarded shall state, in a written
319	313		opinion, the court's reasons for upholding or disturbing the
320	314		finding or award. The written opinion shall address the evidence or
321	315		lack of evidence with specificity, as it relates to the liability
322	316		for or amount of exemplary damages, in light of the requirements of
323	317		this chapter.
324	318		(b) This section does not apply to the supreme court with
325	319		respect to its consideration of a petition for review [an
326	320		application for writ of error].
327	321		SECTION 8. Chapter 41, Civil Practice and Remedies Code, is
328	322		amended by adding Subchapters C and D to read as follows:
329	323		SUBCHAPTER C. RECOVERY OF HEALTH CARE EXPENSES AS ECONOMIC DAMAGES
330	324		Sec. 41.101. DEFINITIONS. In this subchapter:
331	325		(1) "Health care expenses" means amounts paid or owed
332	326		or that may be paid or owed to a provider for health care services,
333	327		supplies, or devices provided to a patient.
334	328		(2) "Health care services" means services provided by
335	329		a provider to an individual to diagnose, prevent, alleviate, cure,
336	330		treat, or heal the individual's condition, illness, or injury,
337	331		including:
338	332		(A) rehabilitative services provided to the
339	333		individual; or
340	334		(B) personal care provided to the individual on a
341	335		short-term or long-term basis.
342	336		(3) "Injured individual" means the individual whose
343	337		injury or death is the subject of a civil action to which this
344	338		subchapter applies.
345	339		(4) "Letter of protection" means an agreement,
346	340		regardless of the name, that includes an express or implied promise
347	341		of payment to a health care provider from a judgment or settlement
348	342		of an injured individual's civil action or that makes a payment to
349	343		the provider contingent on the resolution of the action.
350	344		(5) "Physician" means:
351	345		(A) an individual licensed to practice medicine;
352	346		and
353	347		(B) a professional association, partnership,
354	348		limited liability partnership, or other type of entity formed or
355	349		organized by an individual physician or group of physicians to
356	350		provide medical care to patients.
357	351		(6) "Provider" means a person, including an
358	352		individual, partnership, professional association, corporation,
359	353		facility, or institution, who is licensed, certified, registered,
360	354		chartered, or otherwise authorized, in this state or elsewhere, to
361	355		provide health care services, including:
362	356		(A) an acupuncturist;
363	357		(B) a chiropractor;
364	358		(C) a dentist;
365	359		(D) a health care institution of a type described
366	360		by Section 74.001(11);
367	361		(E) a health care collaborative;
368	362		(F) a nonprofit health organization;
369	363		(G) a nurse, including a licensed vocational
370	364		nurse, nurse practitioner, and registered nurse;
371	365		(H) an occupational therapist;
372	366		(I) an ophthalmologist;
373	367		(J) an optometrist;
374	368		(K) a pharmacist;
375	369		(L) a physical therapist;
376	370		(M) a physician;
377		-	(N) a physician's assistant;
378		-	(O) a licensed professional counselor;
379		-	(P) a psychologist; and
380		-	(Q) a podiatrist.
	371	+	(N) a physician's assistant; and
	372	+	(O) a podiatrist.
381	373		(7) "Third-party payor" means an entity, plan, or
382	374		program that has a legal or contractual obligation to pay,
383	375		reimburse, or otherwise contract with a provider to pay the
384	376		provider for the provision of a health care service, supply, or
385	377		device to a patient, including:
386	378		(A) an insurance company providing health or
387	379		dental insurance;
388	380		(B) an employer-provided plan or any other
389	381		sponsor or administrator of a health or dental plan;
390	382		(C) a health maintenance organization operating
391	383		under Chapter 843, Insurance Code, an insurer providing a preferred
392	384		provider benefit plan under Chapter 1301, Insurance Code, or other
393	385		similar entity;
394	386		(D) Medicare;
395	387		(E) the state Medicaid program, including the
396	388		Medicaid managed care program operating under Chapter 540,
397	389		Government Code; and
398	390		(F) workers' compensation insurance or insurance
399	391		provided instead of subscribing to workers' compensation
400	392		insurance.
401	393		Sec. 41.102. APPLICABILITY OF SUBCHAPTER. This subchapter
402	394		applies to any civil action in which the claimant seeks recovery of
403	395		health care expenses as economic damages in a personal injury or
404	396		wrongful death action.
405	397		Sec. 41.103. CONFLICT WITH OTHER LAW. If there is a
406	398		conflict between this subchapter and Section 41.0105, this
407	399		subchapter controls.
408	400		Sec. 41.104. ADMISSIBLE EVIDENCE OF HEALTH CARE EXPENSES.
409	401		(a) In addition to any other limitation provided by law, the
410	402		evidence that may be offered to prove the amount of the economic
411	403		damages that may be awarded to a claimant for health care services
412	404		provided in the past to an injured individual is limited to evidence
413	405		of:
414	406		(1) amounts third-party payors paid to providers for
415	407		health care services provided to the injured individual;
416	408		(2) amounts paid by the injured individual or paid on
417	409		behalf of the injured individual by non-third-party payors to
418	410		providers for health care services provided to the injured
419	411		individual, but not to purchase an account receivable or as a loan,
420	412		if paid without a formal or informal agreement for the provider to
421	413		refund, rebate, or remit money to the payor, injured individual,
422	414		claimant, or claimant's attorney or anyone associated with the
423	415		payor, injured individual, claimant, or claimant's attorney; and
424	416		(3) if Subdivisions (1) and (2) do not apply, amounts
425		-	that do not exceed amounts determined under Subsection (d).
	417	+	that, on the date each service was provided to the injured
	418	+	individual, do not exceed 300 percent of the Medicare fee schedule
	419	+	for the service.
426	420		(b) In addition to any other limitation provided by law, the
427	421		evidence that may be offered to prove the amount of economic damages
428	422		that may be awarded to a claimant for health care services that in
429	423		reasonable probability can be expected to be provided to the
430	424		injured individual in the future because of the injury-causing
431	425		event shall be limited to evidence of the amounts of the reasonable
432	426		value of necessary services, except that the amounts may not exceed
433		-	amounts determined under Subsection (e).
	427	+	300 percent of the Medicare fee schedule applicable to each service
	428	+	as of the date the trial commenced.
434	429		(c) Health care provider statements or invoices presented
435	430		for purposes of Subsection (a) or (b) must be in a form that would
436	431		comply with the clean claim requirements of Chapter 1301, Insurance
437	432		Code. If a service does not have an industry-recognized billing
438	433		code, no amount of money may be awarded to the claimant for that
439	434		service.
440		-	(d) For purposes of Subsection (a)(3), the evidence that may
441		-	be offered is limited to evidence of amounts that do not exceed
442		-	amounts equal to 300 percent of the Medicare fee schedule for each
443		-	service provided to the injured individual, as the schedule existed
444		-	on May 1, 2025, increased or decreased, as applicable, by
445		-	multiplying by the percentage increase or decrease in the consumer
446		-	price index, as published by the Bureau of Labor Statistics of the
447		-	United States Department of Labor, that measures the average
448		-	changes in prices of goods and services purchased by urban wage
449		-	earners and clerical workers' families and single workers living
450		-	alone (CPI-W: Seasonally Adjusted U.S. City Average-All Items),
451		-	between May 1, 2025, and the date the service was provided to the
452		-	injured individual.
453		-	(e) For purposes of Subsection (b), the evidence that may be
454		-	offered is limited to evidence of amounts that do not exceed amounts
455		-	equal to 300 percent of the Medicare fee schedule for each service,
456		-	as the schedule existed on May 1, 2025, increased or decreased, as
457		-	applicable, by multiplying by the percentage increase or decrease
458		-	in the consumer price index, as published by the Bureau of Labor
459		-	Statistics of the United States Department of Labor, that measures
460		-	the average changes in prices of goods and services purchased by
461		-	urban wage earners and clerical workers' families and single
462		-	workers living alone (CPI-W: Seasonally Adjusted U.S. City
463		-	Average-All Items), between May 1, 2025, and the date the trial
464		-	commences.
465	435		Sec. 41.105. CLAIMANT DISCLOSURE REQUIREMENTS. (a) In
466	436		addition to other items required to be provided by law, in an action
467	437		to which this subchapter applies, the claimant shall provide to
468	438		each other party a copy of:
469	439		(1) all statements or invoices generated by health
470	440		care providers showing health care services provided to the injured
471	441		individual because of the injury-causing event that is the basis
472	442		for the action;
473	443		(2) any letter of protection related to the action;
474	444		and
475	445		(3) any written agreement under which a provider may
476	446		refund, rebate, or remit money to a payor, injured individual,
477	447		claimant, claimant's attorney, or person associated with the payor,
478	448		injured individual, claimant, or claimant's attorney.
479	449		(b) In a civil action to which this subchapter applies, the
480	450		claimant shall, in addition to other requirements of law:
481	451		(1) identify any provider who provided health care
482	452		services to the injured individual in relation to the injury caused
483	453		to the injured individual in the event giving rise to the action and
484	454		provide an authorization to all other parties to the case that will
485	455		allow those parties to obtain from the provider all of the injured
486	456		individual's medical records;
487	457		(2) disclose any unwritten agreement under which a
488	458		provider may refund, rebate, or remit money to a payor, injured
489	459		individual, claimant, claimant's attorney, or person associated
490	460		with the payor, injured individual, claimant, or claimant's
491	461		attorney; and
492	462		(3) if the injured individual was referred to a
493	463		provider for services and the provider will provide testimony that
494	464		is presented to the trier of fact in the action, disclose:
495	465		(A) the name, address, and telephone number of
496	466		the person who made the referral, regardless of whether that person
497	467		is the injured individual's attorney;
498	468		(B) if the person making the referral was not the
499	469		injured individual's attorney, the relationship between the person
500	470		making the referral and the injured individual or the injured
501	471		individual's attorney; and
502	472		(C) if the person making the referral was the
503	473		injured individual's attorney:
504	474		(i) an anonymized list of persons referred
505	475		by the attorney to the provider in the preceding two years;
506	476		(ii) the date and amount of each payment
507	477		made to the provider in the preceding two years by or at the
508	478		direction of the attorney;
509	479		(iii) if applicable, each person
510	480		anonymously described under Subparagraph (i) on whose behalf a
511	481		payment described by Subparagraph (ii) was made; and
512	482		(iv) other aspects of any financial
513	483		relationship between the attorney and the provider.
514	484		(c) For purposes of Subsection (b)(3)(C), a referral is
515	485		considered to have been made by the injured individual's attorney
516	486		even if made by another person when the injured individual's
517	487		attorney knew or had reason to know that the referral would be made.
518	488		Sec. 41.106. CLAIMANT'S OBLIGATION OF PROOF NOT AFFECTED.
519	489		Nothing in this subchapter affects the claimant's obligation to
520	490		prove that the health care services provided to the injured
521	491		individual were necessary and causally connected to a defendant's
522	492		acts or omissions.
523	493		Sec. 41.107. MATTERS ADMISSIBLE INTO EVIDENCE. In an
524	494		action to which this subchapter applies, the following matters are
525	495		admissible into evidence by any party:
526	496		(1) a document or information provided by the claimant
527	497		under Section 41.105(a);
528	498		(2) if the injured individual was referred to a health
529	499		care provider for services by the injured individual's attorney and
530	500		the provider will provide testimony that is presented to the trier
531	501		of fact in the action, the information disclosed by the claimant
532	502		under Section 41.105(b)(3)(C); and
533	503		(3) treatment guidelines and drug formularies
534	504		approved by the Workers' Compensation Division of the Texas
535	505		Department of Insurance as evidence relating to the necessity of
536	506		health care services provided to the injured individual.
537		-	Sec. 41.108. APPLICATION OF TEXAS RULES OF EVIDENCE.
538		-	Except as otherwise provided by Section 41.107, the Texas Rules of
539		-	Evidence apply to an action to which this subchapter applies.
540	507		SUBCHAPTER D. NONECONOMIC DAMAGES
541	508		Sec. 41.151. STANDARDS FOR RECOVERY OF CERTAIN NONECONOMIC
542	509		DAMAGES. (a) An award of damages for physical pain and suffering
543	510		or mental or emotional pain or anguish:
544	511		(1) must provide fair and reasonable compensation to a
545	512		claimant for the claimant's injury for the period of time the pain,
546	513		suffering, or anguish has persisted or reasonably can be expected
547	514		to persist in the future;
548	515		(2) must be based on evidence of the nature, duration,
549	516		and severity of the injury and reflect a rational connection,
550	517		grounded in the evidence, between the injury suffered and the
551	518		dollar amount necessary to provide fair and reasonable compensation
552	519		to a claimant;
553	520		(3) may not be used to penalize or punish a defendant,
554	521		make an example to others, or serve a social good; and
555	522		(4) may not include amounts that are properly
556	523		considered economic losses, such as lost earnings caused by
557	524		physical impairment or medical expenses incurred for emotional or
558	525		psychological care.
559	526		(b) In an action to which this chapter applies, it is
560	527		reversible error for a court to allow an attorney, witness, or other
561	528		person through argument, the introduction of evidence, or otherwise
562	529		to state or suggest that the trier of fact should determine the
563	530		amount of damages to award to a claimant for physical pain and
564	531		suffering or mental or emotional pain or anguish by referring to
565	532		objects, values, units of time, or other matters having no rational
566	533		connection to the facts of the case.
567	534		(c) Except to the extent of a conflict, this section
568	535		supplements court decisions and rules of procedure and evidence.
569	536		Sec. 41.152. JURY INSTRUCTIONS. In a trial to a jury in
570	537		which noneconomic damages are sought, the court shall provide the
571	538		jury definitions and instructions required by this chapter and
572	539		other law and ask the jury, if appropriate, to determine the amount
573	540		of money that will fairly and reasonably compensate the claimant
574	541		for:
575	542		(1) past physical pain and suffering;
576	543		(2) future physical pain and suffering;
577	544		(3) past mental or emotional pain or anguish;
578	545		(4) future mental or emotional pain or anguish;
579	546		(5) past injury to reputation; and
580	547		(6) future injury to reputation.
581	548		SECTION 9. Section 304.102, Finance Code, is amended to
582	549		read as follows:
583	550		Sec. 304.102. PREJUDGMENT INTEREST REQUIRED IN CERTAIN
584	551		CASES. A judgment in a wrongful death, personal injury, or property
585	552		damage case earns prejudgment interest on amounts awarded in the
586	553		judgment for economic losses, calculated from the date:
587	554		(1) the health care expenses are actually paid by the
588	555		claimant, if applicable; or
589	556		(2) other economic losses are actually suffered by the
590	557		claimant.
591	558		SECTION 10. Sections 18.001(f) and (g), Civil Practice and
592	559		Remedies Code, are repealed.
593	560		SECTION 11. (a) Except as provided by Subsection (b) of
594	561		this section:
595	562		(1) the changes in law made by this Act apply only to
596	563		an action commenced on or after the effective date of this Act; and
597	564		(2) an action commenced before the effective date of
598	565		this Act is governed by the law applicable to the action immediately
599	566		before the effective date of this Act, and that law is continued in
600	567		effect for that purpose.
601	568		(b) Section 41.001, Civil Practice and Remedies Code, as
602	569		amended by this Act, and Subchapters C and D, Chapter 41, Civil
603	570		Practice and Remedies Code, as added by this Act, apply to an
604	571		action:
605	572		(1) commenced on or after the effective date of this
606	573		Act; or
607	574		(2) pending on the effective date of this Act and in
608	575		which a trial, or a new trial or retrial following a motion, appeal,
609	576		or otherwise, begins on or after January 1, 2026.
610	577		SECTION 12. This Act takes effect immediately if it
611	578		receives a vote of two-thirds of all the members elected to each
612	579		house, as provided by Section 39, Article III, Texas Constitution.
613	580		If this Act does not receive the vote necessary for immediate
614	581		effect, this Act takes effect September 1, 2025.
	582	+	* * * * *