Title CP, Civil Practice and Remedies Code

Sec. 74.201. APPLICATION OF RES IPSA LOQUITUR. The common law doctrine of res ipsa loquitur shall only apply to health care liability claims against health care providers or physicians in those cases to which it has been applied by the appellate courts of this state as of August …

Sec. 74.251. STATUTE OF LIMITATIONS ON HEALTH CARE LIABILITY CLAIMS. (a) Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the …

Sec. 74.301. LIMITATION ON NONECONOMIC DAMAGES. (a) In an action on a health care liability claim where final judgment is rendered against a physician or health care provider other than a health care institution, the limit of civil liability for noneconomic damages of the physici…

Sec. 74.302. ALTERNATIVE LIMITATION ON NONECONOMIC DAMAGES. (a) In the event that Section 74.301 is stricken from this subchapter or is otherwise to any extent invalidated by a method other than through legislative means, the following, subject to the provisions of this section, …

Sec. 74.303. LIMITATION ON DAMAGES. (a) In a wrongful death or survival action on a health care liability claim where final judgment is rendered against a physician or health care provider, the limit of civil liability for all damages, including exemplary damages, shall be limite…

Sec. 74.351. EXPERT REPORT. (a) In a health care liability claim, a claimant shall, not later than the 120th day after the date each defendant's original answer is filed or a later date required under Section 74.353, serve on that party or the party's attorney one or more expert …

Sec. 74.352. DISCOVERY PROCEDURES. (a) In every health care liability claim the plaintiff shall within 45 days after the date of filing of the original petition serve on the defendant's attorney or, if no attorney has appeared for the defendant, on the defendant full and complete…

Sec. 74.353. PRELIMINARY DETERMINATION FOR EXPERT REPORT REQUIREMENT. (a) On motion of a claimant filed not later than 30 days after the date each defendant's original answer is filed, a court may issue a preliminary determination regarding whether a claim made by the claimant is…

Sec. 74.401. QUALIFICATIONS OF EXPERT WITNESS IN SUIT AGAINST PHYSICIAN. (a) In a suit involving a health care liability claim against a physician for injury to or death of a patient, a person may qualify as an expert witness on the issue of whether the physician departed from ac…

Sec. 74.402. QUALIFICATIONS OF EXPERT WITNESS IN SUIT AGAINST HEALTH CARE PROVIDER. (a) For purposes of this section, "practicing health care" includes: (1) training health care providers in the same field as the defendant health care provider at an accredited educational institu…

Sec. 74.403. QUALIFICATIONS OF EXPERT WITNESS ON CAUSATION IN HEALTH CARE LIABILITY CLAIM. (a) Except as provided by Subsections (b), (c), and (c-1), in a suit involving a health care liability claim against a physician or health care provider, a person may qualify as an expert w…

Sec. 74.451. ARBITRATION AGREEMENTS. (a) No physician, professional association of physicians, or other health care provider shall request or require a patient or prospective patient to execute an agreement to arbitrate a health care liability claim unless the form of agreement d…

Sec. 74.501. DEFINITIONS. In this subchapter: (1) "Future damages" means damages that are incurred after the date of judgment for: (A) medical, health care, or custodial care services; (B) physical pain and mental anguish, disfigurement, or physical impairment; (C) loss of consor…

Sec. 74.502. SCOPE OF SUBCHAPTER. This subchapter applies only to an action on a health care liability claim against a physician or health care provider in which the present value of the award of future damages, as determined by the court, equals or exceeds $100,000. Added by Act…

Sec. 74.503. COURT ORDER FOR PERIODIC PAYMENTS. (a) At the request of a defendant physician or health care provider or claimant, the court shall order that medical, health care, or custodial services awarded in a health care liability claim be paid in whole or in part in periodic…

Sec. 74.504. RELEASE. The entry of an order for the payment of future damages by periodic payments constitutes a release of the health care liability claim filed by the claimant. Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.

Sec. 74.505. FINANCIAL RESPONSIBILITY. (a) As a condition to authorizing periodic payments of future damages, the court shall require a defendant who is not adequately insured to provide evidence of financial responsibility in an amount adequate to assure full payment of damages …

Sec. 74.506. DEATH OF RECIPIENT. (a) On the death of the recipient, money damages awarded for loss of future earnings continue to be paid to the estate of the recipient of the award without reduction. (b) Periodic payments, other than future loss of earnings, terminate on the dea…

Sec. 74.507. AWARD OF ATTORNEY'S FEES. For purposes of computing the award of attorney's fees when the claimant is awarded a recovery that will be paid in periodic payments, the court shall: (1) place a total value on the payments based on the claimant's projected life expectancy…

Sec. 74.551. APPLICATION. A civil action brought against a physician or health care provider for a violation of a provision of Chapter 170, 170A, or 171, Health and Safety Code, subject to an exception provided by the chapter alleged to have been violated or other law, is a healt…

Sec. 74A.001. DEFINITIONS. In this chapter: (1) "Gross negligence" has the meaning assigned by Section 41.001. (2) "Health care provider" means any individual, partnership, professional association, corporation, facility, or institution duly licensed, certified, registered, or ch…

Sec. 74A.002. LIMITATION ON LIABILITY OF HEALTH CARE PROVIDERS RELATING TO HEALTH INFORMATION EXCHANGES. (a) Unless the health care provider acts with malice or gross negligence, a health care provider who provides patient information to a health information exchange is not liabl…

Sec. 74A.003. APPLICABILITY OF OTHER LAW. The protections, immunities, and limitations of liability provided by this chapter are in addition to any other protections, immunities, and limitations of liability provided by other law. Added by Acts 2015, 84th Leg., R.S., Ch. 1085 (H.…

Sec. 75.001. DEFINITIONS. In this chapter: (1) "Agricultural land" means land that is located in this state and that is suitable for: (A) use in production of plants and fruits grown for human or animal consumption, or plants grown for the production of fibers, floriculture, viti…

Sec. 75.002. LIABILITY LIMITED. (a) An owner, lessee, or occupant of agricultural land: (1) does not owe a duty of care to a trespasser on the land; and (2) is not liable for any injury to a trespasser on the land, except for wilful or wanton acts or gross negligence by the owner…

Sec. 75.0022. LIMITED LIABILITY OF CERTAIN ELECTRIC UTILITIES. (a) In this section: (1) "Electric utility" has the meaning assigned by Section 31.002, Utilities Code. (2) "Person" includes an individual, as defined by Section 71.001. (3) "Premises" includes the land owned, occupi…

Sec. 75.0025. LIMITED LIABILITY OF PERSONS ALLOWING CERTAIN USES OF LAND. (a) In this section, "community garden" means the premises used for recreational gardening by a group of people residing in a neighborhood or community for the purpose of providing fresh produce for the ben…

Sec. 75.003. APPLICATION AND EFFECT OF CHAPTER. (a) This chapter does not relieve any owner, lessee, or occupant of real property of any liability that would otherwise exist for deliberate, wilful, or malicious injury to a person or to property. (b) This chapter does not affect t…

Sec. 75.004. LIMITATION ON MONETARY DAMAGES FOR PRIVATE LANDOWNERS. (a) Subject to Subsection (b), the liability of an owner, lessee, or occupant of agricultural land used for recreational purposes for an act or omission by the owner, lessee, or occupant relating to the premises …

Sec. 75.006. CERTAIN LIABILITY LIMITED IN CONNECTION WITH LIVESTOCK OR AGRICULTURAL LAND. (a) In this section: (1) "Federal law enforcement officer" means a law enforcement officer as defined by 5 U.S.C. Section 8331(20). (2) "Firefighter" means a member of a fire department who …

Sec. 75.007. TRESPASSERS. (a) In this section, "trespasser" means a person who enters the land of another without any legal right, express or implied. (b) An owner, lessee, or occupant of land does not owe a duty of care to a trespasser on the land and is not liable for any injur…

Sec. 75A.001. DEFINITIONS. In this chapter: (1) "Agricultural land" means land that is located in this state and that is suitable for: (A) use in production of plants and fruits grown for human or animal consumption, or plants grown for the production of fibers, floriculture, vit…

Sec. 75A.002. LIMITED LIABILITY. (a) Except as provided by Subsection (b), an agritourism entity is not liable to any person for an agritourism participant injury or damages arising out of the agritourism participant injury if: (1) at the time of the agritourism activity from whi…

Sec. 75A.003. POSTED WARNING. For the purposes of limitation of liability under Section 75A.002(a)(1), an agritourism entity must post and maintain a sign in a clearly visible location on or near any premises on which an agritourism activity is conducted. The sign must contain th…

Sec. 75A.004. SIGNED AGREEMENT AND WARNING. For the purposes of limitation of liability under Section 75A.002(a)(2), a written agreement and warning statement is considered effective and enforceable if it: (1) is signed before the agritourism participant participates in an agrito…

Sec. 75B.001. DEFINITIONS. In this chapter: (1) "Campground" means a commercial property designed to provide cabins for transient guest use or areas for locating recreational vehicles or tents for transient guest use. (2) "Campground entity" means a person engaged in the business…

Sec. 75B.002. LIMITED LIABILITY. (a) Except as provided by Subsection (b), a recreational vehicle park or campground entity is not liable to any person for a recreational vehicle park or campground participant injury or damages arising out of a recreational vehicle park or campgr…

Sec. 75B.003. POSTED WARNING. For the purposes of limitation of liability under Section 75B.002(a), a recreational vehicle park or campground entity must post and maintain a sign in a clearly visible location on or near the recreational vehicle park or campground. The sign must c…

Sec. 75C.001. DEFINITIONS. In this chapter: (1) "Cavern activity" means an activity inside a cavern at a cavern area for recreational or educational purposes. (2) "Cavern activity participant" means an individual, other than an employee of a cavern entity, who engages in a cavern…

Sec. 75C.002. LIMITED LIABILITY. (a) Except as provided by Subsection (b), a cavern entity is not liable to any person for a cavern activity participant injury or damages arising out of a cavern activity participant injury if, at the time of the cavern activity participant injury…

Sec. 75C.003. POSTED WARNING. For the purposes of limitation of liability under Section 75C.002(a), a cavern entity must post and maintain a sign in a clearly visible location at each entrance to a cavern at a cavern area. The sign must contain the following language: WARNING TEX…

Sec. 75D.001. DEFINITIONS. In this chapter: (1) "Water park" means a commercial property designed to provide swimming, bathing, or other water-related recreation, including water activities using swimming pools, water play areas, water slides, splash pads, spray grounds, and lazy…

Sec. 75D.002. LIMITED LIABILITY. (a) Except as provided by Subsection (b), a water park entity is not liable to any person for a water park participant injury if, at the time of the water park participant injury, the warning prescribed by Section 75D.003 was posted in accordance …

Sec. 75D.003. POSTED WARNING. For the purposes of limitation of liability under Section 75D.002(a), a water park entity must post and maintain a sign in a clearly visible location at or near the entrance to the water park. The sign must contain the following language: WARNING TEX…

Sec. 75E.001. DEFINITIONS. In this chapter: (1) "Motorized off-road vehicle" means any vehicle: (A) with two to four wheels; (B) powered by a combustion engine or an electric motor; (C) weighing 8,000 pounds or less; and (D) designed to drive on unpaved roads and surfaces. (2) "M…

Sec. 75E.002. LIMITED LIABILITY. (a) Except as provided by Subsection (b), a motorized off-road vehicle entity is not liable to any person for a motorized off-road vehicle activity participant injury, if, at the time of the motorized off-road vehicle activity participant injury, …