Section 73.003 - Mitigating Factors(a) To determine the extent and source of actual damages and to mitigate exemplary damages, the defendant in a libel action may give evidence of the following matters if they have been specially pleaded:(1) all material facts and circumstances surrounding the claim for damages and defenses to the claim;(2) all facts and circumstances under which the libelous publication was made; and(3) any public apology, correction, or retraction of the libelous matter made and published by the defendant.(b) To mitigate exemplary damages, the defendant in a libel action may give evidence of the intention with which the libelous publication was made if the matter has been specially pleaded.Tex. Civ. Prac. and Rem. Code § 73.003
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. 9/1/1985.