Sec. 81.104. INJUNCTION; CIVIL LIABILITY. (a) A person may bring an action to restrain a violation or threatened violation of Section 81.102 or 81.103.
(b) A person who violates Section 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 Section 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.
(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 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.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1213, Sec. 1, eff. Sept. 1, 1999.
Section: Previous 81.093 81.094 81.095 81.0955 81.101 81.102 81.103 81.104 81.105 81.106 81.107 81.108 81.109 81.151 81.1511 NextLast modified: September 28, 2016