Title 2. Trial, Judgment, and Appeal · Subtitle C. Judgments · Chapter 33. Proportionate Responsibility · Subchapter B. Contribution · Last amended 1995 · Last verified August 29, 2026
In one sentenceSection 33.015 gives a jointly and severally liable defendant who overpays a right of contribution against the others — but never against a settling person.
(a)If a defendant who is jointly and severally liable under Section 33.013 pays a percentage of the damages for which the defendant is jointly and severally liable greater than his percentage of responsibility, that defendant has a right of contribution for the overpayment against each other liable defendant to the extent that the other liable defendant has not paid the percentage of the damages found by the trier of fact equal to that other defendant's percentage of responsibility.
(b)As among themselves, each of the defendants who is jointly and severally liable under Section 33.013 is liable for the damages recoverable by the claimant under Section 33.012 in proportion to his respective percentage of responsibility. If a defendant who is jointly and severally liable pays a larger proportion of those damages than is required by his percentage of responsibility, that defendant has a right of contribution for the overpayment against each other defendant with whom he is jointly and severally liable under Section 33.013 to the extent that the other defendant has not paid the proportion of those damages required by that other defendant's percentage of responsibility.
(c)If for any reason a liable defendant does not pay or contribute the portion of the damages required by his percentage of responsibility, the amount of the damages not paid or contributed by that defendant shall be paid or contributed by the remaining defendants who are jointly and severally liable for those damages. The additional amount to be paid or contributed by each of the defendants who is jointly and severally liable for those damages shall be in proportion to his respective percentage of responsibility.
(d)No defendant has a right of contribution against any settling person.
End
Plain-English Summary
Contribution exists only where joint and several liability does, so this section operates on the narrow class the previous one creates.
A defendant jointly and severally liable who pays more than its percentage of responsibility has a right of contribution for the overpayment against each other liable defendant, to the extent that defendant has not paid its own percentage.
Subsection (c) allocates the shortfall. If a liable defendant does not pay its portion for any reason, the unpaid amount is paid by the remaining defendants who are jointly and severally liable for those damages, in proportion to their respective percentages. The risk of an insolvent co-defendant falls on the jointly liable group, not on the claimant — but only within that group.
Subsection (d) is short and absolute: no defendant has a right of contribution against any settling person. That is what makes settlement final in Texas. A party who settles buys peace from the claimant and from every remaining defendant at the same time, and cannot be pulled back in for contribution.
The rule that settling persons still receive a percentage on the verdict form is the other half of the bargain: they are measured but not billed, and the non-settling defendants get a settlement credit instead of a contribution claim.
Frequently Asked Questions
Can a defendant who pays more than its share recover from the others?
Yes, where it was jointly and severally liable — it has a right of contribution for the overpayment against each other liable defendant who has not paid its own percentage.
Can a defendant seek contribution from a party who settled?
No. No defendant has a right of contribution against any settling person.
Who absorbs an insolvent defendant's share?
The remaining jointly and severally liable defendants, in proportion to their percentages of responsibility.
Amendment History
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.11, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 136, Sec. 1, eff. Sept. 1, 1995.
Source & verification. Section text is reproduced verbatim from
Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature.
Current through May 14, 2026. Last verified August 29, 2026.
· Official source