1. (a) Subject to Section 147.121, a claimant may not recover the following damages in an action:

   1. (1) damages for mental anguish, loss of consortium, or loss of companionship;
   2. (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. (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. (4) consequential damages, unless they were reasonably foreseeable.

2. (b) In this section:

   1. (1) "Fraud" means fraud other than constructive fraud.
   2. (2) "Malice" means a specific intent by the defendant to cause substantial injury to the claimant.

Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.