Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 41.010 - Considerations in Making Award(a) Before making an award of exemplary damages, the trier of fact shall consider the definition and purposes of exemplary damages as provided by Section 41.001.(b) Subject to Section 41.008, the determination of whether to award exemplary damages and the amount of exemplary damages to be awarded is within the discretion of the trier of fact.Tex. Civ. Prac. and Rem. Code § 41.010
Amended by Acts 2003, 78th Leg., ch. 204, Sec. 13.07, eff. 9/1/2003.Added by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. 9/1/1995.