Tex.
Health & Safety Code Section 591.022
Civil Penalty
(a)
A person who intentionally violates the rights guaranteed by this subtitle to a person with an intellectual disability is liable to the person injured by the violation in an amount of not less than $100 or more than $5,000.(b)
A person who recklessly violates the rights guaranteed by this subtitle to a person with an intellectual disability is liable to the person injured by the violation in an amount of not less than $100 or more than $1,000.(c)
A person who intentionally releases confidential information or records of a person with an intellectual disability in violation of law is liable to the person injured by the unlawful disclosure for $1,000 or three times the actual damages, whichever is greater.(d)
A cause of action under this section may be filed by:(1)
the injured person;(2)
the injured person’s parent, if the person is a minor;(3)
a guardian, if the person has been adjudicated incompetent; or(4)
the injured person’s next friend in accordance with Rule 44, Texas Rules of Civil Procedure.(e)
The cause of action may be filed in a district court in Travis County or in the county in which the defendant resides.(f)
This section does not supersede or abrogate other remedies existing in law.
Source:
Section 591.022 — Civil Penalty, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.591.htm#591.022 (accessed May 4, 2024).
