Sec. 545.702. CIVIL ACTION; PENALTY. (a) A person who is injured by a violation of Section 545.057 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.
(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, 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.
Section: Previous 545.001 545.002 545.003 545.051 545.052 545.053 545.054 545.055 545.056 545.057 545.701 545.702Last modified: September 28, 2016