{"data":{"id":"us-tx/tex.-civil-practice-and-remedies-code-147.122","jurisdiction":"us-tx","citation":"Tex. Civil Practice and Remedies Code § 147.122","heading":"DAMAGES NOT RECOVERABLE.","body":"(a) Subject to Section 147.121, a claimant may not recover the following damages in an action:\n(1) damages for mental anguish, loss of consortium, or loss of companionship;\n(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;\n(3) additional damages under Section 17.50(b)(1), Business \u0026 Commerce Code, unless the trier of fact finds the conduct of the defendant was committed with fraud or malice; or\n(4) consequential damages, unless they were reasonably foreseeable.\n(b) In this section:\n(1) \"Fraud\" means fraud other than constructive fraud.\n(2) \"Malice\" means a specific intent by the defendant to cause substantial injury to the claimant.\nAdded by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.","path":["CIVIL PRACTICE AND REMEDIES CODE","TITLE 6. MISCELLANEOUS PROVISIONS","CHAPTER 147. YEAR 2000 COMPUTER DATE FAILURE","SUBCHAPTER D. DAMAGES"],"source_url":"https://statutes.capitol.texas.gov/Docs/CP/htm/CP.147.htm#147.122","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:00Z","sha256":"577cd86760cd5e343f3b5b35b7e078c5d79f0d1ae9efee5dc6e201abfa83200f","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-civil-practice-and-remedies-code-147.121","next":"us-tx/tex.-civil-practice-and-remedies-code-147.123"},"notice":"GroundRules: Original legal text. Not legal advice."}