2009 Texas Code
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 86. LIABILITY FOR CERTAIN INJURIES TO CONVICTED PERSONS  

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 86. LIABILITY FOR CERTAIN INJURIES TO CONVICTED PERSONS

Sec. 86.001. DEFINITION. In this chapter, "claimant" means a

party, including a plaintiff, counterclaimant, cross-claimant, or

third-party claimant, seeking recovery of damages.

Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28,

1995. Renumbered from Civil Practice and Remedies Code Sec.

87.001 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff.

Sept. 1, 1997.

Sec. 86.002. RECOVERY OF DAMAGES FOR INJURY TO CONVICTED PERSON

PROHIBITED. (a) A claimant who has been convicted of a felony

or misdemeanor may not recover damages for an injury sustained

during the commission of the felony or misdemeanor if the injury

would not have been sustained but for the commission of the

felony or misdemeanor.

(b) Subsection (a) does not bar the claimant from recovering

damages if the claimant shows that:

(1) the damages arose from an act entirely separate from any act

intended to result in the:

(A) prevention of the commission of a felony or misdemeanor by

the claimant; or

(B) apprehension of the claimant during or immediately after the

commission of the felony or misdemeanor; and

(2) the damages did not arise from a premises defect or other

circumstance that the claimant was exposed to as a result of the

commission of the felony or misdemeanor.

Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28,

1995. Renumbered from Civil Practice and Remedies Code Sec.

87.002 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff.

Sept. 1, 1997.

Sec. 86.003. DERIVATIVE CLAIMS. Section 86.002 applies to a

claim for damages made by a claimant other than a convicted

person if:

(1) the claimant's right to recovery results from an injury to a

convicted person, including a claim for the wrongful death of the

convicted person or a claim for loss of consortium with or loss

of the companionship of the convicted person; and

(2) the convicted person's right to recovery would be barred

under Section 86.002.

Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28,

1995. Renumbered from Civil Practice and Remedies Code Sec.

87.003 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff.

Sept. 1, 1997.

Sec. 86.004. CLAIMANT LIABLE FOR COURT COSTS AND FEES AND

ATTORNEY'S FEES. A claimant who is barred from recovery under

this chapter is liable to the person against whom the claim is

brought for court costs and fees and reasonable attorney's fees

incurred in defending against the claim.

Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28,

1995. Renumbered from Civil Practice and Remedies Code Sec.

87.004 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff.

Sept. 1, 1997.

Sec. 86.005. CERTAIN TRAFFIC LAW VIOLATIONS EXCLUDED. This

chapter does not apply to a claim arising from an offense defined

by Subtitle C, Title 7, Transportation Code.

Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28,

1995. Renumbered from Civil Practice and Remedies Code Sec.

87.005 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.180,

31.01(8), eff. Sept. 1, 1997.

Sec. 86.006. CONVICTED PERSON. For purposes of this chapter, a

person is considered convicted in a case if:

(1) sentence is imposed; or

(2) the person receives a fine, probation, or deferred

adjudication.

Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28,

1995. Renumbered from Civil Practice and Remedies Code Sec.

87.006 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff.

Sept. 1, 1997.

Sec. 86.007. APPLICABILITY. This chapter does not apply to:

(1) a claim for an injury sustained during the commission of an

offense under Section 30.05, Penal Code, other than a trespass in

a habitation or shelter, brought by a person who has not been

convicted of another crime that occurred in conjunction with the

trespass; or

(2) a claim in which the conduct of the owner of the premises is

grossly negligent or intentional, other than conduct justified

under Subchapter C, Chapter 9, Penal Code.

Added by Acts 1995, 74th Leg., ch. 604, Sec. 1, eff. Aug. 28,

1995. Renumbered from Civil Practice and Remedies Code Sec.

87.007 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(8), eff.

Sept. 1, 1997.