§ 74.002.Conflict with Other Law and Rules of Civil Procedure
Title 4. Liability in Tort · Chapter 74. Medical Liability · Subchapter A. General Provisions · Last amended 2003 · Last verified August 29, 2026
Full Text of § 74.002
Plain-English Summary
A supremacy clause for a chapter that displaces a great deal of ordinary practice.
In the event of a conflict between this chapter and another law, including a rule of procedure or evidence or court rule, this chapter controls to the extent of the conflict.
That reach over the rules of procedure and evidence is what makes the chapter work. Its expert report deadline, its discovery stay, and its evidentiary presumptions all depart from the general rules, and the section settles which prevails.
Three exceptions run the other way. Where this chapter conflicts with Section 101.023 (the Tort Claims Act damages caps), 102.003, or 108.002, those sections control.
The first matters most: a claim against a public hospital is both a health care liability claim and a Tort Claims Act claim, and the governmental caps — which are lower — govern rather than this chapter's.
Subsection (c) closes a local route: district and statutory county courts may not adopt local rules in conflict with this chapter. A uniform statewide scheme is not to be varied county by county.
Frequently Asked Questions
Does chapter 74 override the rules of civil procedure?
Yes, to the extent of any conflict. The chapter controls over another law, including a rule of procedure or evidence or court rule.
Are there exceptions to chapter 74 controlling?
Which damages cap applies to a public hospital?
The Tort Claims Act cap in Section 101.023, which is expressly given priority over this chapter.
Can a county adopt its own rules for these cases?
No. District and statutory county courts may not adopt local rules in conflict with the chapter.
Amendment History
- Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.