Sec. 260A.015. RETALIATION AGAINST VOLUNTEERS, RESIDENTS, OR FAMILY MEMBERS OR GUARDIANS OF RESIDENTS. (a) A facility may not retaliate or discriminate against a volunteer, resident, or family member or guardian of a resident because the volunteer, resident, 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 Chapter 242 or 247 or a rule adopted under Chapter 242 or 247; or
(3) initiates or cooperates in an investigation or proceeding of a governmental entity relating to care, services, or conditions at the facility.
(b) A volunteer, resident, or family member or guardian of a resident who is retaliated or discriminated against 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.
(c) A volunteer, resident, or 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, resident, or 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.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.05(c), eff. September 28, 2011.
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