Tex. Health & Safety Code Section 252.133
Suit for Retaliation Against Volunteer, Resident, or Family Member or Guardian of Resident

(a)

A facility may not retaliate or discriminate against a volunteer, a resident, or a family member or guardian of a resident because the volunteer, the resident, the resident’s family member or guardian, or any other person:

(1)

makes a complaint or files a grievance concerning the facility;

(2)

reports a violation of law, including a violation of this chapter or a rule adopted under this chapter; or

(3)

initiates or cooperates in an investigation or proceeding of a governmental entity relating to the care, services, or conditions at the facility.

(b)

A volunteer, a resident, or a family member or guardian of a resident against whom a facility retaliates or discriminates in violation of Subsection (a) is entitled to sue for:

(1)

injunctive relief;

(2)

the greater of $1,000 or actual damages, including damages for mental anguish even if an injury other than mental anguish is not shown;

(3)

exemplary damages;

(4)

court costs; and

(5)

reasonable attorney’s fees.

(c)

A volunteer, a resident, or a family member or guardian of a resident who seeks relief under this section must report the alleged violation not later than the 180th day after the date on which the alleged violation of this section occurred or was discovered by the volunteer, the resident, or the family member or guardian of the resident through reasonable diligence.

(d)

A suit under this section may be brought in the district court of the county in which the facility is located or in a district court of Travis County.
Added by Acts 1997, 75th Leg., ch. 693, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 192, Sec. 5, eff. Sept. 1, 2001.

Source: Section 252.133 — Suit for Retaliation Against Volunteer, Resident, or Family Member or Guardian of Resident, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­252.­htm#252.­133 (accessed May 4, 2024).

252.001
Purpose 252.002
Definitions 252.003
Exemptions 252.004
Allocated Federal Money 252.005
Language Requirements Prohibited 252.006
Rights of Residents 252.007
Paperwork Reduction Rules 252.008
Rules Generally 252.009
Consultation and Coordination 252.010
Change of Administrators 252.011
Prohibition of Remuneration 252.031
License Required 252.032
License Application 252.033
Issuance and Renewal of License 252.034
License Fees 252.035
Denial, Suspension, or Revocation of License 252.036
Minimum Standards 252.037
Reasonable Time to Comply 252.038
Fire Safety Requirements 252.039
Posting 252.040
Inspections 252.041
Unannounced Inspections 252.042
Disclosure of Unannounced Inspections 252.043
Licensing Surveys 252.044
Reporting Violations 252.061
Emergency Suspension or Closing Order 252.062
Injunction 252.063
License Requirements 252.064
Civil Penalty 252.065
Administrative Penalty 252.066
Notice 252.067
Hearing 252.068
Notice and Payment of Administrative Penalty 252.069
Use of Administrative Penalty 252.070
Expenses and Costs for Collection of Civil or Administrative Penalty 252.071
Amelioration of Violation 252.0085
Restraint and Seclusion 252.091
Findings and Purpose 252.092
Appointment by Agreement 252.093
Involuntary Appointment 252.094
Fee 252.095
Emergency Assistance Fee 252.096
Reimbursement 252.097
Notification of Closure 252.098
Criminal Penalty for Failure to Notify 252.121
Authority to Receive Reports and Investigate 252.122
Notification of Duty to Report Abuse, Neglect, and Exploitation 252.125
Immediate Removal to Protect Resident 252.126
Confidentiality 252.132
Suit for Retaliation 252.133
Suit for Retaliation Against Volunteer, Resident, or Family Member or Guardian of Resident 252.151
Administration of Medication 252.152
Required Medical Examination 252.181
Definitions 252.182
Respite Care 252.183
Plan of Care 252.184
Notification 252.185
Inspections 252.186
Suspension 252.201
Definition 252.202
Computing Quality Assurance Fee 252.203
Patient Days 252.204
Reporting and Collection 252.205
Rules 252.206
Quality Assurance Fund 252.207
Reimbursement of Facilities 252.208
Invalidity 252.0311
Person Ineligible for License 252.0375
Early Compliance Review 252.0651
Application of Other Law
Green check means up to date. Up to date

Accessed:
May 4, 2024

§ 252.133’s source at texas​.gov