Sec. 147.122. DAMAGES NOT RECOVERABLE. (a) Subject to Section 147.121, a claimant may not recover the following damages in an action:
(1) damages for mental anguish, loss of consortium, or loss of companionship;
(2) exemplary or punitive damages unless the claimant proves by clear and convincing evidence that the conduct of the defendant was committed with fraud or malice;
(3) additional damages under Section 17.50(b)(1), Business & Commerce Code, unless the trier of fact finds the conduct of the defendant was committed with fraud or malice; or
(4) consequential damages, unless they were reasonably foreseeable.
(b) In this section:
(1) "Fraud" means fraud other than constructive fraud.
(2) "Malice" means a specific intent by the defendant to cause substantial injury to the claimant.
Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.
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