Tex. Civ. Prac. & Rem. Code § 71.009 : CIVIL PRACTICE AND REMEDIES CODE — LIABILITY IN TORT — WRONGFUL DEATH; SURVIVAL; INJURIES OCCURRING OUT OF STATE — WRONGFUL DEATH — Exemplary Damages

When the death is caused by the wilful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered.

Tex. Civ. Prac. and Rem. Code § 71.009

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. 9/1/1985.
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