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Texas Civil Practice and Remedies Code - CIV PRAC & REM § 41.002. Applicability

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(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)  1 except as specifically provided in Section 17.50 of that Act;

(3) an action brought under Chapter 36, Human Resources Code;  2 or

(4) an action brought under Chapter 21, Insurance Code.  3

1  V.T.C.A., Bus. & Com. Code § 17.41 et seq.
2  V.T.C.A., Human Resources Code § 36.001 et seq.
3  V.T.C.A., Insurance Code art. 21.01 et seq.

Cite this article: - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 41.002. Applicability - last updated April 14, 2021 |

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