Texas Civil Practice & Remedies Code - Section 41.002. Applicability
Legal Research Home >
Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 41.002. Applicability
§ 41.002. APPLICABILITY. (a) This chapter applies to any
action in which a claimant seeks damages relating to a cause of
action.
(b) This chapter establishes the maximum damages that may be
awarded in an action subject to this chapter, including an action
for which damages are awarded under another law of this state. This
chapter does not apply to the extent another law establishes a lower
maximum amount of damages for a particular claim.
(c) Except as provided by Subsections (b) and (d), in an
action to which this chapter applies, the provisions of this
chapter prevail over all other law to the extent of any conflict.
(d) Notwithstanding any provision to the contrary, this
chapter does not apply to:
(1) Section 15.21, Business & Commerce Code (Texas
Free Enterprise and Antitrust Act of 1983);
(2) an action brought under the Deceptive Trade
Practices-Consumer Protection Act (Subchapter E, Chapter 17,
Business & Commerce Code) except as specifically provided in
Section 17.50 of that Act;
(3) an action brought under Chapter 36, Human
Resources Code; or
(4) an action brought under Chapter 21, Insurance
Code.
Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, § 2.12, eff.
Sept. 2, 1987. Amended by Acts 1989, 71st Leg., ch. 380, § 5,
eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1129, § 16, eff.
Sept. 1, 1989; Acts 1995, 74th Leg., ch. 19, § 1, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 260, § 9, eff. May 30, 1995;
Acts 1997, 75th Leg., ch. 165, § 4.01, eff. Sept. 1, 1997; Acts
2003, 78th Leg., ch. 204, § 13.03, eff. Sept. 1, 2003; Acts
2005, 79th Leg., ch. 806, § 18, eff. Sept. 1, 2005.
Section: 38.004 38.005 38.006 39.001 39.002 40.001 41.001 41.002 41.003 41.004 41.005 41.006 41.007 41.008 41.009
Last modified: August 11, 2007
|
