Tex. Ins. Code Section 545.702
Civil Action; Penalty

(a)

A person who is injured by a violation of Section 545.057 (Confidentiality of Test Result Required) may bring a civil action for damages.

(b)

A person may bring an action to restrain a violation or threatened violation of Section 545.057 (Confidentiality of Test Result Required).

(c)

If it is found in a civil action that a person or entity has released or disclosed a test result or allowed a test result to become known in violation of Section 545.057 (Confidentiality of Test Result Required), the person or entity is liable for:

(1)

actual damages;

(2)

a civil penalty of:

(A)

not more than $1,000 if the release or disclosure was negligent; or

(B)

not less than $1,000 or more than $5,000 if the release or disclosure was wilful; and

(3)

court costs and reasonable attorney’s fees incurred by the person bringing the action.

(d)

A defendant in a civil action brought under this section is not entitled to claim a privilege as a defense to the action.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Source: Section 545.702 — Civil Action; Penalty, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­545.­htm#545.­702 (accessed Apr. 29, 2024).

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Accessed:
Apr. 29, 2024

§ 545.702’s source at texas​.gov