Tex. Health & Safety Code § 33.038 · Subchapter C. NEWBORN SCREENING PROGRAM SERVICES
RECOVERY OF COSTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The department is entitled to recover an expenditure for services provided under this chapter from:
(1) a person who does not reimburse the department as required by this chapter; or
(2) a third party with a legal obligation to pay other benefits and who has received prior written notice of the department's interests in the other benefits.
(b) This section creates a separate and distinct cause of action, and the department may request the attorney general to bring suit in the appropriate court of Travis County on behalf of the department.
(c) In a judgment in favor of the department, the court may award attorney fees, court costs, and interest accruing from the date on which the department provides the service to the date on which the department is reimbursed.
(d) The executive commissioner by rule shall provide criteria for actions taken under this section.
Notes and commentary — not statutory text
History
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0109, eff. April 2, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.33.htm
- Text hash
- sha256 f3b925fc853b83b0dbc1b3e161d1b2295fe8e8574a1a018fbf108994d0c70696
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.