{"data":{"id":"us-tx/tex.-civil-practice-and-remedies-code-140.005","jurisdiction":"us-tx","citation":"Tex. Civil Practice and Remedies Code § 140.005","heading":"PAYORS' RECOVERY LIMITED.","body":"(a) If an injured covered individual is entitled by law to seek a recovery from the third-party tortfeasor for benefits paid or provided by a subrogee as described by Section 140.004, then all payors are entitled to recover as provided by Subsection (b) or (c).\n(b) This subsection applies when a covered individual is not represented by an attorney in obtaining a recovery. All payors' share under Subsection (a) of a covered individual's recovery is an amount that is equal to the lesser of:\n(1) one-half of the covered individual's gross recovery; or\n(2) the total cost of benefits paid, provided, or assumed by the payor as a direct result of the tortious conduct of the third party.\n(c) This subsection applies when a covered individual is represented by an attorney in obtaining a recovery. All payors' share under Subsection (a) of a covered individual's recovery is an amount that is equal to the lesser of:\n(1) one-half of the covered individual's gross recovery less attorney's fees and procurement costs as provided by Section 140.007; or\n(2) the total cost of benefits paid, provided, or assumed by the payor as a direct result of the tortious conduct of the third party less attorney's fees and procurement costs as provided by Section 140.007.\n(d) A common law doctrine that requires an injured party to be made whole before a subrogee makes a recovery does not apply to the recovery of a payor under this section.\nAdded by Acts 2013, 83rd Leg., R.S., Ch. 180 (H.B. 1869), Sec. 1, eff. January 1, 2014.","path":["CIVIL PRACTICE AND REMEDIES CODE","TITLE 6. MISCELLANEOUS PROVISIONS","CHAPTER 140. CONTRACTUAL SUBROGATION RIGHTS OF PAYORS OF CERTAIN BENEFITS"],"source_url":"https://statutes.capitol.texas.gov/Docs/CP/htm/CP.140.htm#140.005","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:00Z","sha256":"5bccc09f9701c9e82a7286d52a27f9238b94f1a8da40415f19783915429b7722","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-civil-practice-and-remedies-code-140.004","next":"us-tx/tex.-civil-practice-and-remedies-code-140.006"},"notice":"GroundRules: Original legal text. Not legal advice."}