1. (a) On finding that a respondent engaged in an intentional unlawful employment practice under Section 437.204 as alleged in a complaint, a court may, as provided by this section, award:

   1. (1) compensatory damages; and
   2. (2) punitive damages.
2. (b) A complainant may recover punitive damages against a respondent, other than a respondent that is a governmental entity, if the complainant demonstrates that the respondent engaged in an unlawful employment practice under Section 437.204 with malice or with reckless indifference to the state-protected rights of an aggrieved individual.

3. (c) Compensatory damages awarded under this section may not include:

   1. (1) back pay;
   2. (2) interest on back pay; or
   3. (3) other relief authorized under Section 437.415(b).

4. (d) The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses and the amount of punitive damages awarded under this section may not exceed, for each complainant:

   1. (1) $50,000 in the case of a respondent that has fewer than 101 employees;
   2. (2) $100,000 in the case of a respondent that has more than 100 and fewer than 201 employees;
   3. (3) $200,000 in the case of a respondent that has more than 200 and fewer than 501 employees; and
   4. (4) $300,000 in the case of a respondent that has more than 500 employees.

5. (e) For the purposes of Subsection (d), in determining the number of employees of a respondent, the requisite number of employees must be employed by the respondent for each of 20 or more calendar weeks in the current or preceding calendar year.

   Transferred, redesignated and amended from Government Code, Subchapter K, Chapter 431 by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.03, eff. September 1, 2013.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1281 (H.B. 1178), Sec. 3, eff. June 17, 2011.