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 three times the amount awarded for past and future health care expenses for physical pain and suffering. Additionally, it sets specific caps for noneconomic damages related to mental or emotional pain, with limits of $1 million for claims primarily causing emotional injury and $250,000 for those primarily causing bodily injury. The bill also stipulates that these limits will increase by 1.75% annually starting January 1, 2027.
Furthermore, the bill adds Section 71.0105, which limits civil liability for noneconomic damages in wrongful death claims to $1 million for each claimant for past and future mental or emotional pain or anguish. Similar to the personal injury section, it treats all responsible parties under vicarious liability as a single defendant and includes the same annual increase provision. The bill's changes will only apply to causes of action that accrue after its effective date, which is contingent on receiving a two-thirds vote for immediate effect or will take effect on September 1, 2025, if not passed.
Statutes affected: Introduced: Civil Practice and Remedies Code 71.010 (Civil Practice and Remedies Code 71)