Treble Damages in Texas: When the Law Allows Triple Recovery

Treble damages—often called “triple damages”—are a powerful legal remedy that can significantly increase the amount of money a plaintiff recovers in a civil lawsuit. In Texas, this extraordinary remedy is not available in every case. Rather, it is reserved for situations where the defendant’s conduct is particularly wrongful, intentional, or deceptive.

Let’s explore what treble damages are, when they can be awarded, and how Texas courts apply them.

What Are Treble Damages?

“Treble damages” means that a court can award three times the actual damages proven by the plaintiff. For example, if a plaintiff proves $100,000 in actual damages and the statute allows for treble damages, the total award could reach $300,000.

Treble damages are considered punitive in nature—they go beyond compensation and are meant to punish egregious conduct and deter future wrongdoing. However, because they are punitive, Texas courts and statutes impose strict limits on when and how they may be awarded.

Statutory Basis for Treble Damages in Texas

Unlike some states that allow punitive or multiple damages through broad tort doctrines, Texas only allows treble damages when a specific statute authorizes them. The most common Texas statutes that authorize treble damages include:

1. The Texas Deceptive Trade Practices Act (DTPA)

Under the Texas Business & Commerce Code § 17.50(b)(1), a consumer who proves that a defendant engaged in a deceptive act or practice may recover:

• Economic damages, and
• If the conduct was knowingly committed, up to three times the amount of economic damages;
• If the conduct was intentionally committed, up to three times both economic and mental anguish damages.

This makes the DTPA one of the most common and well-known treble damage statutes in Texas.

2. Texas Theft Liability Act (TTLA)

The Texas Civil Practice and Remedies Code § 134.005allows a person who proves theft (as defined by the Texas Penal Code) to recover:

• Actual damages, and
• Up to three times the actual damages, plus
• Court costs and reasonable attorney’s fees.

Treble damages under the TTLA are available even in civil cases, without requiring a criminal conviction.

3. Antitrust and Competition Laws

The Texas Free Enterprise and Antitrust Act of 1983(Tex. Bus. & Com. Code § 15.21) also allows treble damages for violations of state antitrust laws, mirroring the federal Sherman and Clayton Acts. This means that businesses engaging in price fixing, bid rigging, or market allocation may face triple damages in private civil suits.

When Treble Damages Are Not Available

Treble damages are not automatic, even when a statute allows them. Plaintiffs must prove that the defendant acted “knowingly,” “intentionally,” or with specific wrongful intent as defined by the statute. Moreover:

• Texas common law does not recognize treble damages absent a statute.
• Ordinary negligence, breach of contract, or breach of fiduciary duty claims generally do not qualify.
• Courts have discretion to award less than triple damages even when authorized, depending on the facts and equities of the case.

Treble vs. Exemplary (Punitive) Damages

It’s important to distinguish treble damages from exemplary damages under Chapter 41 of the Texas Civil Practice and Remedies Code. Exemplary damages are discretionary punitive damages awarded for fraud, malice, or gross negligence, and are subject to statutory caps.
By contrast, treble damages are automatic multipliers built into specific statutes and are not subject to the Chapter 41 caps—unless the underlying statute explicitly incorporates those limits.

Practical Considerations for Litigants

• Plead the statute: Treble damages must be specifically pleaded and tied to the relevant statute.
• Prove intent: The plaintiff must demonstrate that the wrongful act was done knowingly or intentionally.
• Beware of double recovery: Plaintiffs cannot recover both treble damages and punitive damages for the same conduct.
• Defense strategy: Defendants often focus on disproving the “intent” element to limit exposure to single damages.

Conclusion

Treble damages in Texas are a serious legal consequence designed to deter fraud, theft, and consumer deception. They serve as a reminder that intentional misconduct carries severe penalties under Texas law. Whether you’re asserting or defending a claim, understanding the statutes that authorize treble damages—and the evidentiary thresholds involved—is critical to effective litigation strategy.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.