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§ 41.002.Applicability

Title 2. Trial, Judgment, and Appeal · Subtitle C. Judgments · Chapter 41. Damages · Last amended 2005 · Last verified August 29, 2026

In one sentenceSection 41.002 applies the chapter to any action seeking damages, makes it the maximum recovery and the prevailing law in any conflict, and excludes four statutory schemes.

Full Text of § 41.002

Text sizeJump to: (a) (b) (c) (d)

(a)This chapter applies to any action in which a claimant seeks damages relating to a cause of action.
(b)This chapter establishes the maximum damages that may be awarded in an action subject to this chapter, including an action for which damages are awarded under another law of this state. This chapter does not apply to the extent another law establishes a lower maximum amount of damages for a particular claim.
(c)Except as provided by Subsections (b) and (d), in an action to which this chapter applies, the provisions of this chapter prevail over all other law to the extent of any conflict.
(d)Notwithstanding any provision to the contrary, this chapter does not apply to:
(1)Section 15.21, Business & Commerce Code (Texas Free Enterprise and Antitrust Act of 1983);
(2)an action brought under the Deceptive Trade Practices- Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) except as specifically provided in Section 17.50 of that Act;
(3)an action brought under Chapter 36, Human Resources Code; or
(4)an action brought under Chapter 21, Insurance Code.
End

Plain-English Summary

The scope provision, and it claims a great deal of ground.

The chapter applies to any action in which a claimant seeks damages relating to a cause of action. It establishes the maximum damages that may be awarded, including an action for which damages are awarded under another law of this state. Where another law sets a lower maximum, that lower figure governs instead — this chapter is a ceiling, not a floor.

Subsection (c) is a supremacy clause. Except as provided by the maximum-damages and exclusion subsections, the provisions of this chapter prevail over all other law to the extent of any conflict. A statute elsewhere in Texas law authorising exemplary damages does not escape the standards and cap in this chapter merely by saying so.

Four exclusions, stated notwithstanding anything to the contrary: the Texas Free Enterprise and Antitrust Act in Section 15.21 of the Business & Commerce Code; the Deceptive Trade Practices-Consumer Protection Act, except as specifically provided in Section 17.50 of that Act; Chapter 36 of the Human Resources Code, the Texas Medicaid Fraud Prevention Act; and Chapter 21 of the Insurance Code.

What the four have in common is that each contains its own damages multiplier or penalty structure — treble damages, additional damages, civil penalties — enacted for a specific enforcement purpose. Subjecting them to this chapter's cap would have undone those schemes.

The DTPA exclusion is qualified rather than complete: it applies except as specifically provided in Section 17.50, so that Act's own cross-reference controls where it speaks.

Frequently Asked Questions

Does chapter 41 apply to every damages claim in Texas?

It applies to any action in which a claimant seeks damages relating to a cause of action, and it prevails over other law in any conflict, subject to its four exclusions.

What if another statute sets a lower cap?

The lower maximum governs. This chapter does not apply to the extent another law establishes a lower maximum for a particular claim.

Which claims are excluded?

Antitrust actions under Section 15.21 of the Business & Commerce Code, DTPA actions except as specifically provided in Section 17.50, actions under Chapter 36 of the Human Resources Code, and actions under Chapter 21 of the Insurance Code.

Why are those four excluded?

Each contains its own multiplier or penalty structure enacted for a specific enforcement purpose, which the chapter's cap would have undone.

Amendment History

  • Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 2.12, eff. Sept. 2, 1987. Amended by Acts 1989, 71st Leg., ch. 380, Sec. 5, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1129, Sec. 16, eff. Sept. 1, 1989; Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995;
  • Acts 1995, 74th Leg., ch. 260, Sec. 9, eff. May 30, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 4.01, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 204, Sec. 13.03, eff. Sept. 1, 2003.
  • Amended by:
  • Acts 2005, 79th Leg., Ch. 806 (S.B. 563), Sec. 18, eff. September 1, 2005.
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