Tex. Civ. Prac. & Rem. Code § 41.010 · Chapter 41. DAMAGES
CONSIDERATIONS IN MAKING AWARD.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 13.07, eff. Sept. 1, 2003.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm
- Text hash
- sha256 3f21d06a1fd1ce07b20d973a7220247a350fcc5d270620d20d05d038433a2ab1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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Civil Practice and Remedies Code
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