# Tex. Civil Practice and Remedies Code § 140.005: PAYORS' RECOVERY LIMITED

> Texas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.005

## Section

- **Citation:** Tex. Civil Practice and Remedies Code § 140.005
- **Heading:** PAYORS' RECOVERY LIMITED
- **Jurisdiction:** Texas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TX Code / Code cp / Chapter 140 / Section 140.005

## Text

(a) If an injured covered individual is entitled by law to seek a recovery from the third-party tortfeasor for benefits paid or provided by a subrogee as described by Section 140.004, then all payors are entitled to recover as provided by Subsection (b) or (c).

(b) This subsection applies when a covered individual is not represented by an attorney in obtaining a recovery. All payors' share under Subsection (a) of a covered individual's recovery is an amount that is equal to the lesser of:

(1) one-half of the covered individual's gross recovery; or

(2) the total cost of benefits paid, provided, or assumed by the payor as a direct result of the tortious conduct of the third party.

(c) This subsection applies when a covered individual is represented by an attorney in obtaining a recovery. All payors' share under Subsection (a) of a covered individual's recovery is an amount that is equal to the lesser of:

(1) one-half of the covered individual's gross recovery less attorney's fees and procurement costs as provided by Section 140.007; or

(2) the total cost of benefits paid, provided, or assumed by the payor as a direct result of the tortious conduct of the third party less attorney's fees and procurement costs as provided by Section 140.007.

(d) A common law doctrine that requires an injured party to be made whole before a subrogee makes a recovery does not apply to the recovery of a payor under this section.

## Nearby sections

- [Tex. Civil Practice and Remedies Code § 140.001 § 140.001. DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.001.md)
- [Tex. Civil Practice and Remedies Code § 140.002 § 140.002. APPLICABILITY OF CHAPTER.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.002.md)
- [Tex. Civil Practice and Remedies Code § 140.003 § 140.003. CONFLICTS WITH OTHER LAW.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.003.md)
- [Tex. Civil Practice and Remedies Code § 140.004 § 140.004. CONTRACTUAL SUBROGATION RIGHTS AUTHORIZED.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.004.md)
- [Tex. Civil Practice and Remedies Code § 140.005 § 140.005. PAYORS' RECOVERY LIMITED.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.005.md)
- [Tex. Civil Practice and Remedies Code § 140.006 § 140.006. ATTORNEY'S FEES IN DECLARATORY JUDGMENT ACTION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.006.md)
- [Tex. Civil Practice and Remedies Code § 140.007 § 140.007. ATTORNEY'S FEES IN RECOVERY ACTION.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.007.md)
- [Tex. Civil Practice and Remedies Code § 140.008 § 140.008. FIRST-PARTY RECOVERY.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.008.md)
- [Tex. Civil Practice and Remedies Code § 140.009 § 140.009. CONSTRUCTION OF CHAPTER.](https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.009.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TX_Ccp_C140_S140.005. Check the current official text before relying on it. Not legal advice.