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.
Structure Texas Statutes
Civil Practice and Remedies Code
Chapter 86 - Liability for Certain Injuries to Convicted Persons
Section 86.002. Recovery of Damages for Injury to Convicted Person Prohibited
Section 86.003. Derivative Claims
Section 86.004. Claimant Liable for Court Costs and Fees and Attorney's Fees
Section 86.005. Certain Traffic Law Violations Excluded