Tex.
Health & Safety Code Section 81.104
Injunction; Civil Liability
(a)
A person may bring an action to restrain a violation or threatened violation of Section 81.102 (Tests; Criminal Penalty) or 81.103 (Confidentiality; Criminal Penalty).(b)
A person who violates Section 81.102 (Tests; Criminal Penalty) or who is found in a civil action to have negligently released or disclosed a test result or allowed a test result to become known in violation of Section 81.103 (Confidentiality; Criminal Penalty) is liable for:(1)
actual damages;(2)
a civil penalty of not more than $5,000; and(3)
court costs and reasonable attorney’s fees incurred by the person bringing the action.(c)
A person who is found in a civil action to have wilfully released or disclosed a test result or allowed a test result to become known in violation of Section 81.103 (Confidentiality; Criminal Penalty) is liable for:(1)
actual damages;(2)
a civil penalty of not less than $5,000 nor more than $10,000; and(3)
court costs and reasonable attorney’s fees incurred by the person bringing the action.(d)
Each release or disclosure made, or allowance of a test result to become known, in violation of this subchapter constitutes a separate offense.(e)
A defendant in a civil action brought under this section is not entitled to claim any privilege as a defense to the action.
Source:
Section 81.104 — Injunction; Civil Liability, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.81.htm#81.104 (accessed Jun. 5, 2024).
