Texas Health and Safety Code 81.104 – Injunction; Civil Liability
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(a) A person may bring an action to restrain a violation or threatened violation of § 81.102 or 81.103.
(b) A person who violates § 81.102 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 § 81.103 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.
Terms Used In Texas Health and Safety Code 81.104
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
(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 § 81.103 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.