Sec. 147.122. DAMAGES NOT RECOVERABLE. (a) Subject to Section 147.121 , a claimant may not recover the following damages in an action: (1) damages for mental anguish, loss of consortium, or loss of companionship; (2) exemplary or punitive damages unless the claimant proves by clear and convincing evidence that the conduct of the defendant was committed with fraud or malice; (3) additional damages under Section 17.50 (b)(1), Business & Commerce Code, unless the trier of fact finds the conduct of the defendant was committed with fraud or malice; or (4) consequential damages, unless they were reasonably foreseeable. (b) In this section: (1) "Fraud" means fraud other than constructive fraud. (2) "Malice" means a specific intent by the defendant to cause substantial injury to the claimant.
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