Texas § CP.41.005 - HARM RESULTING FROM CRIMINAL ACT

§ CP.41.005. HARM RESULTING FROM CRIMINAL ACT

HARM RESULTING FROM CRIMINAL ACT. (a) In an action arising from harm resulting from an assault, theft, or other criminal act, a court may not award exemplary damages against a defendant because of the criminal act of another. (b) The exemption provided by Subsection (a) does not apply if: (1) the criminal act was committed by an employee of the defendant; (2) the defendant is criminally responsible as a party to the criminal act under the provisions of Chapter 7 , Penal Code; (3) the criminal act occurred at a location where, at the time of the criminal act, the defendant was maintaining a common nuisance under the provisions of Chapter 125 , Civil Practice and Remedies Code, and had not made reasonable attempts to abate the nuisance; or (4) the criminal act resulted from the defendant's intentional or knowing violation of a statutory duty under Subchapter D , Chapter 92 , Property Code, and the criminal act occurred after the statutory deadline for compliance with that duty. (c) In an action arising out of a criminal act committed by an employee, the employer may be liable for punitive damages but only if: (1) the principal authorized the doing and the manner of the act; (2) the agent was unfit and the principal acted with malice in employing or retaining him; (3) the agent was employed in a managerial capacity and was acting in the scope of employment; or (4) the employer or a manager of the employer ratified or approved the act. Amended by Acts 1995, 74th Leg., ch. 19, Sec. 1, eff. Sept. 1, 1995.