HB1419 - Relating to liability limits for noneconomic damages for personal injury and wrongful death claims.

  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.