CHAPTER 134. TEXAS THEFT LIABILITY ACT - Texas Statutes

CIVIL PRACTICE AND REMEDIES CODE

TITLE 6. MISCELLANEOUS PROVISIONS

CHAPTER 134. TEXAS THEFT LIABILITY ACT

Sec. 134.001. SHORT TITLE. This chapter may be cited as the

Texas Theft Liability Act.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28,

1989.

Sec. 134.002. DEFINITIONS. In this chapter:

(1) "Person" means an individual, partnership, corporation,

association, or other group, however organized.

(2) "Theft" means unlawfully appropriating property or

unlawfully obtaining services as described by Section 31.03,

31.04, 31.05, 31.06, 31.07, 31.11, 31.12, 31.13, or 31.14, Penal

Code.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28,

1989. Amended by Acts 1999, 76th Leg., ch. 858, Sec. 4, eff.

Sept. 1, 1999.

Sec. 134.003. LIABILITY. (a) A person who commits theft is

liable for the damages resulting from the theft.

(b) A parent or other person who has the duty of control and

reasonable discipline of a child is liable for theft committed by

the child.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28,

1989.

Sec. 134.004. SUIT. A suit under this chapter may be brought in

the county where the theft occurred or in the county where the

defendant resides.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28,

1989.

Sec. 134.005. RECOVERY. (a) In a suit under this chapter, a

person who has sustained damages resulting from theft may

recover:

(1) under Section 134.003(a), from a person who commits theft,

the amount of actual damages found by the trier of fact and, in

addition to actual damages, damages awarded by the trier of fact

in a sum not to exceed $1,000; or

(2) from a parent or other person who has the duty of control

and reasonable discipline of a child, for an action brought under

Section 134.003(b), the amount of actual damages found by the

trier of fact, not to exceed $5,000.

(b) Each person who prevails in a suit under this chapter shall

be awarded court costs and reasonable and necessary attorney's

fees.

Added by Acts 1989, 71st Leg., ch. 2, Sec. 4.05(a), eff. Aug. 28,

1989.