Texas Health and Safety Code 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.
Terms Used In Texas Health and Safety Code 252.133
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(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.