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Texas Civil Practice and Remedies Code §33.001: the 51% bar and proportionate responsibility

The official text of the Texas statute that bars recovery by a claimant found more than 50 percent responsible, the companion rule that reduces damages by a claimant's percentage, and a plain-language explanation. Text last checked October 27, 2026.

4 min readPublished October 27, 2026Last updated October 27, 2026Edited by Joseph Budzinski, CTO, InjuryClaimGuide

The short answer

Texas Civil Practice and Remedies Code §33.001 says a claimant "may not recover damages if his percentage of responsibility is greater than 50 percent" (CPRC §33.001). This is often called the 51% bar. When a claimant is not barred, the court reduces the damages by a percentage equal to the claimant's own percentage of responsibility (§33.012(a)). In a lawsuit, the percentages are determined by the trier of fact (§33.003).

This entry provides general informational guidance and is not legal advice.

Key facts (as of 2026-10-27)

  • More than 50 percent bars recovery. A claimant whose percentage of responsibility is greater than 50 percent may not recover damages (§33.001).
  • 50 percent or less reduces damages. The court reduces the damages by the claimant's percentage of responsibility (§33.012(a)).
  • Whole numbers. Percentages are stated in whole numbers (§33.003(a)), which is why the bar begins at 51 percent.
  • Tort claims. Chapter 33 applies to any cause of action based on tort in which a defendant, settling person or responsible third party is found responsible for a percentage of the harm (§33.002(a)).
  • Last amended in 1995. The history line for §33.001 lists Acts 1995, 74th Leg., ch. 136 as its most recent amendment.

What does §33.001 say?

The official text of Tex. Civ. Prac. & Rem. Code §33.001, as published by the Texas Legislature:

Sec. 33.001. PROPORTIONATE RESPONSIBILITY. In an action to which this chapter applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.

Source: Tex. Civ. Prac. & Rem. Code §33.001, statutes.capitol.texas.gov. Text last checked October 27, 2026.

The companion rule, the official text of §33.012(a):

(a) If the claimant is not barred from recovery under Section 33.001, the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant's percentage of responsibility.

Source: Tex. Civ. Prac. & Rem. Code §33.012.

What does it mean in plain language?

  • Responsibility can be shared. Texas law allows more than one person to be assigned a share of responsibility for the same harm, including the person who was hurt.
  • Above 50 percent, no recovery. A claimant found 51 percent or more responsible is barred from recovering damages under §33.001.
  • At or below 50 percent, a reduction. A claimant found 50 percent or less responsible is not barred, and §33.012(a) reduces the damages by that percentage. For example, a claimant found 20 percent responsible has the damages reduced by 20 percent; a claimant found exactly 50 percent responsible has them reduced by 50 percent.
  • The percentages come from the trier of fact. §33.003 is about the percentages the jury, or the judge when there is no jury, determines in a lawsuit. An insurance adjuster's view of who was responsible is not a finding under §33.003.

Who is assigned a percentage?

The official text of §33.003(a):

(a) The trier of fact, as to each cause of action asserted, shall determine the percentage of responsibility, stated in whole numbers, for the following persons with respect to each person's causing or contributing to cause in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these: (1) each claimant; (2) each defendant; (3) each settling person; and (4) each responsible third party who has been designated under Section 33.004.

Source: Tex. Civ. Prac. & Rem. Code §33.003. Under §33.003(b), the section does not allow a question about a person's conduct to go to the jury without sufficient evidence to support it.

When does chapter 33 not apply?

Under §33.002(c), chapter 33 does not apply to:

  • an action to collect workers' compensation benefits under the Texas workers' compensation laws, or an action against an employer for exemplary damages arising out of the death of an employee;
  • a claim for exemplary damages included in an action to which the chapter otherwise applies; or
  • a cause of action for damages arising from the manufacture of methamphetamine as described by chapter 99.

The rest of chapter 33, including how each defendant's share of liability is set (§33.013), is in the full chapter text.

When was this checked, and can it change?

The text above was last checked on October 27, 2026, against the official text published by the Texas Legislature. The Legislature can amend a statute in any session. It convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

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Frequently asked questions

What is the 51% bar in Texas?
Tex. Civ. Prac. & Rem. Code §33.001 says that in an action to which chapter 33 applies, a claimant may not recover damages if his percentage of responsibility is greater than 50 percent. Because §33.003 states percentages in whole numbers, the bar begins at 51 percent.
What happens when a claimant's percentage is 50 percent or less?
Under §33.012(a), if the claimant is not barred by §33.001, the court reduces the damages to be recovered by a percentage equal to the claimant's percentage of responsibility. For example, a claimant found 20 percent responsible has the damages reduced by 20 percent.
Who decides the percentages?
Under §33.003(a), the trier of fact (the jury, or the judge when there is no jury) determines the percentage of responsibility for each claimant, each defendant, each settling person and each designated responsible third party, stated in whole numbers.
Can InjuryClaimGuide tell me what percentage would apply to me?
No. InjuryClaimGuide is a legal advertising service. We do not assign responsibility, apply the law to anyone's situation, or evaluate any claim. An attorney can advise you about your specific situation.

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