Texas Civil Practice and Remedies Code - CIV PRAC & REM § 147.122. Damages Not Recoverable

(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.

(1) “Fraud” means fraud other than constructive fraud.

(2) “Malice” means a specific intent by the defendant to cause substantial injury to the claimant.