Schwertner Bill Shows Juries Only What Insurance Actually Paid

The text as introduced · 5,263 words

89R16793 SCL-D

By: Schwertner
S.B. No. 30

A BILL TO BE ENTITLED

AN ACT

relating to recovery of damages in civil actions.

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

SECTION 1. Section 18.001, Civil Practice and Remedies

Code, is amended by amending Subsections (b), (e), (e-1), (h), and

(i) and adding Subsections (b-1) and (b-2) to read as follows:

(b) Unless notice of intent to controvert the

reasonableness of the amounts charged or the necessity for health

care services [ a controverting affidavit ] is served as provided by

this section, an affidavit complying with this section and stating

that the amount a person charged for a service was reasonable at the

time and place that the service was provided and that the service

was necessary is sufficient evidence to support a finding of fact by

judge or jury that the amount charged was reasonable or that the

service was necessary.

(b-1) Except as provided by Section 18.0011, if notice of

intent to controvert the reasonableness of the amounts charged or

necessity for health care services is served as provided by this

section, an affidavit served under Subsection (b) has no effect

except the affidavit may prove the authenticity of the health care

records described by the affidavit.

(b-2) An [ The ] affidavit described by Subsection (b) is not

evidence of and does not support a finding of the causation element

of the cause of action that is the basis for the civil action.

(e) A party intending to controvert the reasonableness of

the amounts charged or necessity for health care services [ a claim

reflected by the affidavit ] must serve notice of that intent [ a copy

of the counteraffidavit ] on each other party or the party's

attorney of record by the earlier of:

(1) 120 days after the date the defendant files its

answer;

(2) the date the party serving notice [ offering the

counteraffidavit ] must designate expert witnesses under a court

order; or

(3) the date the party serving notice [ offering the

counteraffidavit ] must designate any expert witness as required by

the Texas Rules of Civil Procedure.

(e-1) Notwithstanding Subsection (e), if the party offering

the affidavit [ in evidence ] serves a copy of the affidavit under

Subsection (d-1), notice of intent to controvert the reasonableness

of the amounts charged or necessity for health care services must be

served [ the party offering the counteraffidavit in evidence or the

party's attorney must serve a copy of the counteraffidavit ] on each

other party to the case by the later of:

(1) 30 days after service of the affidavit on the party

serving notice [ offering the counteraffidavit in evidence ];

(2) the date the party serving notice [ offering the

counteraffidavit ] must designate any expert witness under a court

order; or

(3) the date the party serving notice [ offering the

counteraffidavit in evidence ] must designate any expert witness as

required by the Texas Rules of Civil Procedure.

(h) If health care [ continuing ] services are provided after

a relevant deadline under this section:

(1) a party may supplement an affidavit served by the

party under Subsection (d) or (d-1) on or before the 60th day before

the date the trial commences; and

(2) a party that served notice [ a counteraffidavit ]

under Subsection (e) or (e-1) may serve notice related to the

supplemental affidavit [ supplement the counteraffidavit ] on or

before the 30th day before the date the trial commences.

(i) Notwithstanding Subsections (d), (d-1), (d-2), (e),

(e-1), [ (g), ] and (h), a deadline under this section may be altered

by all parties to an action by agreement or with leave of the court.

SECTION 2. Subchapter A, Chapter 18, Civil Practice and

Remedies Code, is amended by adding Section 18.0011 to read as

follows:

Sec. 18.0011. AFFIDAVIT OF HEALTH CARE FACILITY OR

PROVIDER. (a) A party may not controvert the reasonableness of the

charges for health care services stated in an affidavit served

under Section 18.001 if, as to each health care service provided by

the health care facility or provider:

(1) the affidavit states one of the following amounts

as the reasonable charge for the service:

(A) the amounts received from all sources by the

facility or provider to pay for the service provided to the person

whose injury or death is the subject of the action; or

(B) an amount that does not exceed 150 percent of

the median amount paid by nongovernmental third-party payors to

health care facilities or providers for the same type of service

provided to the person whose injury or death is the subject of the

action during the month in which the service was provided, as drawn

from the Texas All Payor Claims Database established under

Subchapter I, Chapter 38, Insurance Code, for the geozip:

(i) in which the service was provided, if

the service was provided in this state; or

(ii) in which The University of Texas

Health Science Center at Houston is located, if the service was

provided outside of this state; and

(2) the affidavit is accompanied by an invoice for the

service that would comply with the clean claim requirements of

Chapter 1301, Insurance Code.

(b) If an affidavit of a health care facility or provider

served under Section 18.001 complies with Subsection (a) and

includes a statement that the facility or provider does not intend

to appear at trial to testify regarding the reasonableness of the

facility's or provider's charges or the necessity for the facility's

or provider's services, then:

(1) a party may not seek to obtain through any pretrial

discovery procedure information from the facility or provider about

the reasonableness of the facility's or provider's charges or the

necessity for the facility's or provider's services; and

(2) the trial court shall exclude trial testimony by

the facility or provider regarding the reasonableness of the

facility's or provider's charges or the necessity for the facility's

or provider's services unless:

(A) the court finds there is good cause to allow

the testimony;

(B) the testimony will not unfairly surprise or

unfairly prejudice any party to the action; and

(C) a party opposing admission of the testimony

into evidence is given a reasonable opportunity to conduct

discovery and present evidence relevant to the testimony to be

offered by the facility or provider.

(c) An affidavit of a health care facility or provider

described by Subsection (a) and the statements made in the

affidavit may be used only in the civil action in which the

affidavit is served and not in other actions or for other purposes.

SECTION 3. Chapter 41, Civil Practice and Remedies Code, is

amended by designating Sections 41.001, 41.002, 41.008, 41.009,

41.0105, and 41.014 as Subchapter A and adding a subchapter heading

to read as follows:

SUBCHAPTER A. GENERAL PROVISIONS

SECTION 4. Section 41.001, Civil Practice and Remedies

Code, is amended by amending Subdivisions (9), (10), and (12) and

adding Subdivisions (11-a) and (14) to read as follows:

(9) "Future damages" means damages that in reasonable

probability can be expected to be [ are ] incurred after the date of

the judgment. The term does [ Future damages do ] not include

exemplary damages.

(10) "Future loss of earnings" means a pecuniary loss

from reductions in income, wages, or earning capacity that in

reasonable probability can be expected to be incurred after the

date of the judgment . The term does not include [ , including:

[ (A) loss of income, wages, or earning capacity;

and

[ (B) ] loss of inheritance.

(11-a) "Mental or emotional pain or anguish" means

grievous and debilitating angst, distress, torment, or emotional

suffering or turmoil that:

(A) causes a substantial disruption in a person's

daily routine; and

(B) arises from loss of consortium, loss of

companionship and society, loss of enjoyment of life, or a similar

mental or emotional injury.

(12) "Noneconomic damages" means damages awarded for

the purpose of compensating a claimant for nonpecuniary losses for

physical pain and suffering, mental or emotional pain or anguish,

and [ loss of consortium, disfigurement, physical impairment, loss

of companionship and society, inconvenience, loss of enjoyment of

life, ] injury to reputation[ , and all other nonpecuniary losses of

any kind other than exemplary damages ]. The term does not include

economic or exemplary damages.

(14) "Physical pain and suffering" means a painful or

distressing sensation associated with an injury or damage to a part

of a person's body that:

(A) is consciously felt;

(B) is significant in magnitude; and

(C) arises from an observable injury or

impairment or is shown to exist through objectively verifiable

medical evaluation or testing.

SECTION 5. Section 41.002(d), Civil Practice and Remedies

Code, is amended to read as follows:

(d) Notwithstanding any provision to the contrary, the

provisions of this chapter regarding exemplary damages do [ 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.

SECTION 6. Chapter 41, Civil Practice and Remedies Code, is

amended by adding Subchapter B, and a heading is added to that

subchapter to read as follows:

SUBCHAPTER B. EXEMPLARY DAMAGES

SECTION 7. Sections 41.003, 41.004, 41.005, 41.006, 41.007,

41.010, 41.011, 41.0115, 41.012, and 41.013, Civil Practice and

Remedies Code, are transferred to Subchapter B, Chapter 41, Civil

Practice and Remedies Code, as added by this Act, redesignated as

Sections 41.051, 41.052, 41.053, 41.054, 41.055, 41.056, 41.057,

41.058, 41.059, and 41.060, Civil Practice and Remedies Code,

respectively, and amended to read as follows:

Sec. 41.051 [ 41.003 ]. STANDARDS FOR RECOVERY [ OF

EXEMPLARY DAMAGES ]. (a) Except as provided by Subsection (c),

exemplary damages may be awarded only if the claimant proves by

clear and convincing evidence that the harm with respect to which

the claimant seeks recovery of exemplary damages results from:

(1) fraud;

(2) malice; or

(3) gross negligence.

(b) The claimant must prove by clear and convincing evidence

the elements of exemplary damages as provided by this section. This

burden of proof may not be shifted to the defendant or satisfied by

evidence of ordinary negligence, bad faith, or a deceptive trade

practice.

(c) If the claimant relies on a statute establishing a cause

of action and authorizing exemplary damages in specified

circumstances or in conjunction with a specified culpable mental

state, exemplary damages may be awarded only if the claimant proves

by clear and convincing evidence that the damages result from the

specified circumstances or culpable mental state.

(d) Exemplary damages may be awarded only if the jury was

unanimous in regard to finding liability for and the amount of

exemplary damages.

(e) In all cases where the issue of exemplary damages is

submitted to the jury, the following instruction shall be included

in the charge of the court:

"You are instructed that, in order for you to find exemplary

damages, your answer to the question regarding the amount of such

damages must be unanimous."

Sec. 41.052 [ 41.004 ]. FACTORS PRECLUDING RECOVERY. (a)

Except as provided by Subsection (b), exemplary damages may be

awarded only if damages other than nominal damages are awarded.

(b) Exemplary damages may not be awarded to a claimant who

elects to have his recovery multiplied under another statute.

Sec. 41.053 [ 41.005 ]. HARM RESULTING FROM CRIMINAL ACT.

(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.

(b) The exemption provided by Subsection (a) does not apply

if:

(1) the criminal act was committed by an employee of

the defendant;

(2) the defendant is criminally responsible as a party

to the criminal act under the provisions of Chapter 7, Penal Code;

(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

(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.

(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:

(1) the principal authorized the doing and the manner

of the act;

(2) the agent was unfit and the principal acted with

malice in employing or retaining the agent [ him ];

(3) the agent was employed in a managerial capacity

and was acting in the scope of employment; or

(4) the employer or a manager of the employer ratified

or approved the act.

Sec. 41.054 [ 41.006 ]. AWARD SPECIFIC TO DEFENDANT. In any

action in which there are two or more defendants, an award of

exemplary damages must be specific as to a defendant, and each

defendant is liable only for the amount of the award made against

that defendant.

Sec. 41.055 [ 41.007 ]. PREJUDGMENT INTEREST. Prejudgment

interest may not be assessed or recovered on an award of exemplary

damages.

Sec. 41.056 [ 41.010 ]. CONSIDERATIONS IN MAKING AWARD. (a)

Before making an award of exemplary damages, the trier of fact shall

consider the definition and purposes of exemplary damages as

provided by Section 41.001.

(b) Subject to Section 41.008, the determination of whether

to award exemplary damages and the amount of exemplary damages to be

awarded is within the discretion of the trier of fact.

Sec. 41.057 [ 41.011 ]. EVIDENCE RELATING TO AMOUNT OF

EXEMPLARY DAMAGES. (a) In determining the amount of exemplary

damages, the trier of fact shall consider evidence, if any,

relating to:

(1) the nature of the wrong;

(2) the character of the conduct involved;

(3) the degree of culpability of the wrongdoer;

(4) the situation and sensibilities of the parties

concerned;

(5) the extent to which such conduct offends a public

sense of justice and propriety; and

(6) the net worth of the defendant.

(b) Evidence that is relevant only to the amount of

exemplary damages that may be awarded is not admissible during the

first phase of a bifurcated trial.

Sec. 41.058 [ 41.0115 ]. DISCOVERY OF EVIDENCE OF NET WORTH

FOR EXEMPLARY DAMAGES CLAIM. (a) On the motion of a party and after

notice and a hearing, a trial court may authorize discovery of

evidence of a defendant's net worth if the court finds in a written

order that the claimant has demonstrated a substantial likelihood

of success on the merits of a claim for exemplary damages. Evidence

submitted by a party to the court in support of or in opposition to a

motion made under this subsection may be in the form of an affidavit

or a response to discovery.

(b) If a trial court authorizes discovery under Subsection

(a), the court's order may only authorize use of the least

burdensome method available to obtain the net worth evidence.

(c) When reviewing an order authorizing or denying

discovery of net worth evidence under this section, the reviewing

court may consider only the evidence submitted by the parties to the

trial court in support of or in opposition to the motion described

by Subsection (a).

(d) If a party requests net worth discovery under this

section, the court shall presume that the requesting party has had

adequate time for the discovery of facts relating to exemplary

damages for purposes of allowing the party from whom net worth

discovery is sought to move for summary judgment on the requesting

party's claim for exemplary damages under Rule 166a(i), Texas Rules

of Civil Procedure.

Sec. 41.059 [ 41.012 ]. JURY INSTRUCTIONS. In a trial to a

jury, the court shall instruct the jury with regard to Sections

41.001, 41.051 [ 41.003 ], 41.056 [ 41.010 ], and 41.057 [ 41.011 ].

Sec. 41.060 [ 41.013 ]. JUDICIAL REVIEW OF AWARD. (a)

Except as provided for in Subsection (b), an appellate court that

reviews the evidence with respect to a finding by a trier of fact

concerning liability for exemplary damages or with respect to the

amount of exemplary damages awarded shall state, in a written

opinion, the court's reasons for upholding or disturbing the

finding or award. The written opinion shall address the evidence or

lack of evidence with specificity, as it relates to the liability

for or amount of exemplary damages, in light of the requirements of

this chapter.

(b) This section does not apply to the supreme court with

respect to its consideration of a petition for review [ an

application for writ of error ].

SECTION 8. Chapter 41, Civil Practice and Remedies Code, is

amended by adding Subchapters C and D to read as follows:

SUBCHAPTER C. RECOVERY OF HEALTH CARE EXPENSES AS ECONOMIC DAMAGES

Sec. 41.101. DEFINITIONS. In this subchapter:

(1) "Database" means the Texas All Payor Claims

Database established under Subchapter I, Chapter 38, Insurance

Code.

(2) "Health care expenses" means amounts paid or owed

or that may be paid or owed to a provider for health care services,

supplies, or devices provided to a patient.

(3) "Health care services" means services provided by

a provider to an individual to diagnose, prevent, alleviate, cure,

treat, or heal the individual's condition, illness, or injury,

including:

(A) rehabilitative services provided to the

individual; or

(B) personal care provided to the individual on a

short-term or long-term basis.

(4) "Injured individual" means the individual whose

injury or death is the subject of a civil action to which this

subchapter applies.

(5) "Letter of protection" means an agreement,

regardless of the name, that includes an express or implied promise

of payment to a health care provider from a judgment or settlement

of an injured individual's civil action or that makes a payment to

the provider contingent on the resolution of the action.

(6) "Physician" means:

(A) an individual licensed to practice medicine;

and

(B) a professional association, partnership,

limited liability partnership, or other type of entity formed or

organized by an individual physician or group of physicians to

provide medical care to patients.

(7) "Provider" means a person, including an

individual, partnership, professional association, corporation,

facility, or institution, who is licensed, certified, registered,

chartered, or otherwise authorized, in this state or elsewhere, to

provide health care services, including:

(A) an acupuncturist;

(B) a chiropractor;

(C) a dentist;

(D) a health care institution of a type described

by Section 74.001(11);

(E) a health care collaborative;

(F) a nonprofit health organization;

(G) a nurse, including a licensed vocational

nurse, nurse practitioner, and registered nurse;

(H) an occupational therapist;

(I) an ophthalmologist;

(J) an optometrist;

(K) a pharmacist;

(L) a physical therapist;

(M) a physician;

(N) a physician's assistant; and

(O) a podiatrist.

(8) "Third-party payor" means an entity, plan, or

program that has a legal or contractual obligation to pay,

reimburse, or otherwise contract with a provider to pay the

provider for the provision of a health care service, supply, or

device to a patient, including:

(A) an insurance company providing health or

dental insurance;

(B) an employer-provided plan or any other

sponsor or administrator of a health or dental plan;

(C) a health maintenance organization operating

under Chapter 843, Insurance Code, an insurer providing a preferred

provider benefit plan under Chapter 1301, Insurance Code, or other

similar entity;

(D) Medicare;

(E) the state Medicaid program, including the

Medicaid managed care program operating under Chapter 540,

Government Code; and

(F) workers' compensation insurance or insurance

provided instead of subscribing to workers' compensation

insurance.

Sec. 41.102. APPLICABILITY OF SUBCHAPTER. This subchapter

applies to any civil action in which the claimant seeks recovery of

health care expenses as economic damages in a personal injury or

wrongful death action.

Sec. 41.103. CONFLICT WITH OTHER LAW. If there is a

conflict between this subchapter and Section 41.0105, this

subchapter controls.

Sec. 41.104. LIMITATIONS ON AMOUNT OF RECOVERY. (a) In

addition to any other limitation provided by law, the economic

damages that may be awarded to a claimant for health care services

provided in the past to an injured individual are limited to the sum

of:

(1) amounts third-party payors paid to providers for

health care services provided to the injured individual;

(2) amounts paid by the injured individual or paid on

behalf of the injured individual by non-third-party payors to

providers for health care services provided to the injured

individual, but not to purchase an account receivable, if paid

without a formal or informal agreement for the provider to refund,

rebate, or remit money to the payor, injured individual, claimant,

or claimant's attorney or anyone associated with the payor, injured

individual, claimant, or claimant's attorney; and

(3) if Subdivisions (1) and (2) do not apply, an amount

that does not exceed 150 percent of the median amount paid by

nongovernmental third-party payors to health care providers for the

same types of services provided to the injured individual during

the month in which the services were provided, as drawn from the

database for the geozip:

(A) in which the services were provided, if the

services were provided in this state; or

(B) in which The University of Texas Health

Science Center at Houston is located, if the services were provided

outside of this state.

(b) In addition to any other limitation provided by law,

economic damages awarded for health care expenses that in

reasonable probability can be expected to be incurred by the

injured individual in the future because of the injury-causing

event shall be limited to the reasonable value of necessary

services, determined in the manner provided by Subsection (a)(3)

for determination of past health care expenses, except that the

determination must use data from the database for the month

preceding the date the trial commenced.

(c) Health care provider statements or invoices presented

for purposes of Subsection (a) or (b) must be in a form that would

comply with the clean claim requirements of Chapter 1301, Insurance

Code. If a service does not have an industry-recognized billing

code, no amount of money may be awarded to the claimant for that

service.

(d) The failure of the injured individual to use available

health benefit coverage shall be considered a failure to mitigate

damages.

Sec. 41.105. CLAIMANT DISCLOSURE REQUIREMENTS. (a) In

addition to other items required to be provided by law, in an action

to which this subchapter applies, the claimant shall provide to

each other party a copy of:

(1) all statements or invoices generated by health

care providers showing health care services provided to the injured

individual because of the injury-causing event that is the basis

for the action;

(2) any letter of protection related to the action;

and

(3) any written agreement under which a provider may

refund, rebate, or remit money to a payor, injured individual,

claimant, claimant's attorney, or person associated with the payor,

injured individual, claimant, or claimant's attorney.

(b) In a civil action to which this subchapter applies, the

claimant shall, in addition to other requirements of law:

(1) identify any provider who provided health care

services to the injured individual in relation to the injury caused

to the injured individual in the event giving rise to the action and

provide an authorization to all other parties to the case that will

allow those parties to obtain from the provider all of the injured

individual's medical records;

(2) identify any third-party payor that may have had a

legal or contractual obligation to pay for health care services

provided to the injured individual, regardless of whether the third

party was legally or contractually obligated to pay for the

specific services provided to the injured individual;

(3) disclose any unwritten agreement under which a

provider may refund, rebate, or remit money to a payor, injured

individual, claimant, claimant's attorney, or person associated

with the payor, injured individual, claimant, or claimant's

attorney; and

(4) if the injured individual was referred to a

provider for services, disclose:

(A) the name, address, and telephone number of

the person who made the referral, regardless of whether that person

is the injured individual's attorney;

(B) if the person making the referral was not the

injured individual's attorney, the relationship between the person

making the referral and the injured individual or the injured

individual's attorney; and

(C) if the person making the referral was the

injured individual's attorney:

(i) an anonymized list of persons referred

by the attorney to the provider in the preceding two years;

(ii) the date and amount of each payment

made to the provider in the preceding two years by or at the

direction of the attorney;

(iii) if applicable, each person

anonymously described under Subparagraph (i) on whose behalf a

payment described by Subparagraph (ii) was made; and

(iv) other aspects of any financial

relationship between the attorney and the provider.

(c) For purposes of Subsection (b)(4)(C), a referral is

considered to have been made by the injured individual's attorney

even if made by another person when the injured individual's

attorney knew or had reason to know that the referral would be made.

Sec. 41.106. CLAIMANT'S OBLIGATION OF PROOF NOT AFFECTED.

Nothing in this subchapter affects the claimant's obligation to

prove that the health care services provided to the injured

individual were necessary and causally connected to a defendant's

acts or omissions.

Sec. 41.107. MATTERS ADMISSIBLE INTO EVIDENCE. In an

action to which this subchapter applies, the following matters are

admissible into evidence by any party:

(1) a document or information provided, disclosed, or

obtained under Section 41.105(a) or (b);

(2) an injured individual's health care expenses

incurred as a result of the injury-causing event, regardless of

whether the claimant seeks to recover health care expenses in the

action;

(3) evidence of health benefit plan coverage that is

available to the injured individual to pay for past or future health

care services; and

(4) treatment guidelines and drug formularies

approved by the Workers' Compensation Division of the Texas

Department of Insurance as evidence relating to the necessity of

health care services provided to the injured individual.

SUBCHAPTER D. NONECONOMIC DAMAGES

Sec. 41.151. STANDARDS FOR RECOVERY OF CERTAIN NONECONOMIC

DAMAGES. (a) Damages for physical pain and suffering or for mental

or emotional pain or anguish may be awarded only if the trier of

fact is unanimous in finding the amount of money that will fairly

and reasonably compensate the claimant for those injuries.

(b) An award of damages for physical pain and suffering or

mental or emotional pain or anguish:

(1) must provide fair and reasonable compensation to a

claimant for the claimant's injury for the period of time the pain,

suffering, or anguish has persisted or reasonably can be expected

to persist in the future;

(2) must be based on evidence of the nature, duration,

and severity of the injury and reflect a rational connection,

grounded in the evidence, between the injury suffered and the

dollar amount necessary to provide fair and reasonable compensation

to a claimant;

(3) may not be used to penalize or punish a defendant,

make an example to others, or serve a social good; and

(4) may not include amounts that are properly

considered economic losses, such as lost earnings caused by

physical impairment or medical expenses incurred for emotional or

psychological care.

(c) In an action to which this chapter applies, it is

reversible error for a court to allow an attorney, witness, or other

person through argument, the introduction of evidence, or otherwise

to:

(1) state or suggest that the trier of fact should

determine the amount of damages to award to a claimant for physical

pain and suffering or mental or emotional pain or anguish by

referring to objects, values, or repeating metrics having no

rational connection to the facts of the case; or

(2) characterize an award of damages for physical pain

and suffering or mental or emotional pain or anguish as

establishing a valuation of human life.

(d) Except to the extent of a conflict, this section

supplements court decisions and rules of procedure and evidence.

Sec. 41.152. JURY INSTRUCTIONS. In a trial to a jury in

which noneconomic damages are sought, the court shall provide the

jury definitions and instructions required by this chapter and

other law and ask the jury, if appropriate, to determine the amount

of money that will fairly and reasonably compensate the claimant

for:

(1) past physical pain and suffering;

(2) future physical pain and suffering;

(3) past mental or emotional pain or anguish;

(4) future mental or emotional pain or anguish;

(5) past injury to reputation; and

(6) future injury to reputation.

Sec. 41.153. MOTION TO REMIT NONECONOMIC DAMAGES IN CERTAIN

ACTIONS. (a) Except in an action in which another law limits

recovery of noneconomic damages, in a trial to a jury in a personal

injury or wrongful death action, a trial court shall state the legal

and factual support for the amount of noneconomic damages awarded

to a claimant in a judgment if a defendant requests remittitur of

noneconomic damages awarded to the claimant and the award exceeds:

(1) $1 million for past and future mental or emotional

pain or anguish in a wrongful death action;

(2) for past and future damages for physical pain and

suffering in a personal injury action, the lesser of:

(A) three times the amount awarded for past and

future health care expenses; or

(B) $100,000 per year for each year of the

claimant's life expectancy;

(3) $1 million for past and future mental or emotional

pain or anguish in a personal injury action arising from an event

primarily causing emotional injury to a claimant; or

(4) $250,000 for past and future mental or emotional

pain or anguish in a personal injury action arising from an event

primarily causing bodily injury to the claimant.

(b) In a statement of legal support for the amount of

noneconomic damages awarded in the judgment, the court shall

include references to judgments rendered in this state and affirmed

on appeal of comparable amounts awarded under comparable facts.

SECTION 9. Section 304.102, Finance Code, is amended to

read as follows:

Sec. 304.102. PREJUDGMENT INTEREST REQUIRED IN CERTAIN

CASES. A judgment in a wrongful death, personal injury, or property

damage case earns prejudgment interest on amounts awarded in the

judgment for economic losses, calculated from the date:

(1) the health care expenses are actually paid by the

claimant, if applicable; or

(2) other economic losses are actually suffered by the

claimant .

SECTION 10. Sections 18.001(f) and (g), Civil Practice and

Remedies Code, are repealed.

SECTION 11. The changes in law made by this Act apply only

to an action commenced on or after the effective date of this Act.

An action commenced before the effective date of this Act is

governed by the law applicable to the action immediately before the

effective date of this Act, and that law is continued in effect for

that purpose.

SECTION 12. 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.