The bill, H.B. No. 1419, proposes amendments to the Civil Practice and Remedies Code regarding liability limits for noneconomic damages in personal injury and wrongful death claims. It introduces a new section, 41.0025, which establishes that in personal injury claims, civil liability for noneconomic damages cannot exceed specific amounts: three times the awarded damages for past and future health care expenses for pain and suffering, and $1 million or $250,000 for mental or emotional pain depending on the nature of the claim. Additionally, it stipulates that starting January 1, 2027, these fixed amounts will increase by 1.75% annually.

Furthermore, the bill adds Section 71.0105, which sets a cap of $1 million for noneconomic damages related to mental or emotional pain in wrongful death claims, with similar provisions for vicarious liability and annual increases. The bill also modifies existing language in Section 71.010(a) to clarify that the jury may award damages proportionate to the injury resulting from death, except as provided by the new section. The changes will only apply to causes of action that accrue after the effective date of the Act, which will take effect immediately if it receives a two-thirds vote from both houses or on September 1, 2025, if not.

Statutes affected:
Introduced: Civil Practice and Remedies Code 71.010 (Civil Practice and Remedies Code 71)