DeAyala Bill Caps Pain And Suffering At 3x Medical Bills

The text as introduced · 546 words

89R5803 SCL-F

By: DeAyala
H.B. No. 1419

A BILL TO BE ENTITLED

AN ACT

relating to liability limits for noneconomic damages for personal

injury and wrongful death claims.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 41, Civil Practice and Remedies Code, is

amended by adding Section 41.0025 to read as follows:

Sec. 41.0025. LIABILITY LIMIT FOR NONECONOMIC DAMAGES IN

PERSONAL INJURY CLAIMS. (a) In an action on a personal injury

claim, civil liability to a claimant for noneconomic damages,

unless subject to a limitation imposed by other law, may not exceed:

(1) for noneconomic damages awarded as damages for

past and future physical pain and suffering, three times the amount

awarded to the claimant as damages for past and future health care

expenses; and

(2) for noneconomic damages awarded as damages for

past and future mental or emotional pain or anguish:

(A) $1 million if the claim arises from an event

primarily causing emotional injury to the claimant; or

(B) $250,000 if the claim arises from an event

primarily causing bodily injury to the claimant.

(b) For purposes of the limitations provided by Subsection

(a), all persons that may be responsible under a vicarious

liability theory for satisfying a judgment are treated as a single

defendant.

(c) Beginning on January 1, 2027, and continuing on January

1 of each subsequent year, the fixed-amount limitations provided by

Subsection (a) increase by 1.75 percent from the prior year's

amount.

SECTION 2. Section 71.010(a), Civil Practice and Remedies

Code, is amended to read as follows:

(a) Except as provided by Section 71.0105, the [ The ] jury

may award damages in an amount proportionate to the injury

resulting from the death.

SECTION 3. Subchapter A, Chapter 71, Civil Practice and

Remedies Code, is amended by adding Section 71.0105 to read as

follows:

Sec. 71.0105. LIABILITY LIMIT FOR CERTAIN NONECONOMIC

DAMAGES. (a) In an action brought under this subchapter, civil

liability for noneconomic damages, unless subject to a limitation

imposed by other law, may not exceed $1 million for each claimant as

damages for past and future mental or emotional pain or anguish.

(b) For purposes of the limitation provided by Subsection

(a), all persons that may be responsible under a vicarious

liability theory for satisfying a judgment are treated as a single

defendant.

(c) Beginning on January 1, 2027, and continuing on January

1 of each subsequent year, the fixed-amount limitation provided by

Subsection (a) increases by 1.75 percent from the prior year's

amount.

SECTION 4. The changes in law made by this Act are an

exercise of authority under Section 66(c), Article III, Texas

Constitution, and take effect only if this Act receives a vote of

three-fifths of all the members elected to each house, as provided

by Subsection (e) of that section.

SECTION 5. The changes in law made by this Act apply only to

a cause of action that accrues on or after the effective date of

this Act.

SECTION 6. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.