Section 147.122 - Damages Not Recoverable(a) Subject to Section 147.121, a claimant may not recover the following damages in an action: (1) damages for mental anguish, loss of consortium, or loss of companionship;(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;(3) additional damages under Section 17.50(b)(1), Business & Commerce Code, unless the trier of fact finds the conduct of the defendant was committed with fraud or malice; or(4) consequential damages, unless they were reasonably foreseeable.(b) In this section: (1) "Fraud" means fraud other than constructive fraud.(2) "Malice" means a specific intent by the defendant to cause substantial injury to the claimant.Tex. Civ. Prac. and Rem. Code § 147.122
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. 5/19/1999.