Tex. Civ. Prac. & Rem. Code § 73.003 · Subchapter A. GENERAL PROVISIONS
MITIGATING FACTORS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) To determine the extent and source of actual damages and to mitigate exemplary damages, the defendant in a libel action may give evidence of the following matters if they have been specially pleaded:
(1) all material facts and circumstances surrounding the claim for damages and defenses to the claim;
(2) all facts and circumstances under which the libelous publication was made; and
(3) any public apology, correction, or retraction of the libelous matter made and published by the defendant.
(b) To mitigate exemplary damages, the defendant in a libel action may give evidence of the intention with which the libelous publication was made if the matter has been specially pleaded.
Notes and commentary — not statutory text
History
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/CP/htm/CP.73.htm
- Text hash
- sha256 dc3d241ddc2a400cdcce1da3c1f63af0ea8e385061bfe334bf2df3d7102e6910
- 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
Cited by 1 provision
Provisions in this library whose text cites Tex. Civ. Prac. & Rem. Code § 73.003. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.