{"data":{"id":"us-tx/tex.-civil-practice-and-remedies-code-41.005","jurisdiction":"us-tx","citation":"Tex. Civil Practice and Remedies Code § 41.005","heading":"HARM RESULTING FROM CRIMINAL ACT.","body":"(a) In an action arising from harm resulting from an assault, theft, or other criminal act, a court may not award exemplary damages against a defendant because of the criminal act of another.\n(b) The exemption provided by Subsection (a) does not apply if:\n(1) the criminal act was committed by an employee of the defendant;\n(2) the defendant is criminally responsible as a party to the criminal act under the provisions of Chapter 7, Penal Code;\n(3) the criminal act occurred at a location where, at the time of the criminal act, the defendant was maintaining a common nuisance under the provisions of Chapter 125, Civil Practice and Remedies Code, and had not made reasonable attempts to abate the nuisance; or\n(4) the criminal act resulted from the defendant's intentional or knowing violation of a statutory duty under Subchapter D, Chapter 92, Property Code, and the criminal act occurred after the statutory deadline for compliance with that duty.\n(c) In an action arising out of a criminal act committed by an employee, the employer may be liable for punitive damages but only if:\n(1) the principal authorized the doing and the manner of the act;\n(2) the agent was unfit and the principal acted with malice in employing or retaining him;\n(3) the agent was employed in a managerial capacity and was acting in the scope of employment; or\n(4) the employer or a manager of the employer ratified or approved the act.\nAmended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.","path":["CIVIL PRACTICE AND REMEDIES CODE","TITLE 2. TRIAL, JUDGMENT, AND APPEAL","SUBTITLE C. JUDGMENTS","CHAPTER 41. DAMAGES"],"source_url":"https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm#41.005","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:00Z","sha256":"95d5a98d1abc259bf509c1810d838ab6cafe1ec19198b1dc574a500aae1c1e86","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-civil-practice-and-remedies-code-41.004","next":"us-tx/tex.-civil-practice-and-remedies-code-41.006"},"notice":"GroundRules: Original legal text. Not legal advice."}