Texas § 147.122 DAMAGES NOT RECOVERABLE.

Texas Statutes

§ 147.122 — DAMAGES NOT RECOVERABLE.

Texas § 147.122

Code CPCivil Practice and Remedies Code

This text of Texas § 147.122 (DAMAGES NOT RECOVERABLE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Civil Practice and Remedies Code Code Ann. § 147.122 (2026).

Text

Sec. 147.122. DAMAGES NOT RECOVERABLE.

(a)Subject to Section 147.121 , a claimant may not recover the following damages in an action:

(1)damages for mental anguish, loss of consortium, or loss of companionship;

(2)exemplary or punitive damages unless the claimant proves by clear and convincing evidence that the conduct of the defendant was committed with fraud or malice;

(3)additional damages under Section 17.50 (b)(1), Business & Commerce Code, unless the trier of fact finds the conduct of the defendant was committed with fraud or malice; or

(4)consequential damages, unless they were reasonably foreseeable.

(b)In this section:

(1)"Fraud" means fraud other than constructive fraud.

(2)"Malice" means a specific intent by the defendant to cause substantial injury to the claimant.

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Sec. 147.122. DAMAGES NOT RECOVERABLE. (a) Subject to Section 147.121 , a claimant may not recover the following damages in an action:
(1) damages for mental anguish, loss of consortium, or loss of companionship;
(2) exemplary or punitive damages unless the claimant proves by clear and convincing evidence that the conduct of the defendant was committed with fraud or malice;
(3) additional damages under Section 17.50 (b)(1), Business & Commerce Code, unless the trier of fact finds the conduct of the defendant was committed with fraud or malice; or
(4) consequential damages, unless they were reasonably foreseeable.
(b) In this section:
(1) "Fraud" means fraud other than constructive fraud.
(2) "Malice" means a specific intent by the defendant to cause substantial injury to the claimant.