Tex. Health & Safety Code § 81.104 · Subchapter F. TESTS FOR ACQUIRED IMMUNE DEFICIENCY SYNDROME AND RELATED DISORDERS
INJUNCTION; CIVIL LIABILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.81.htm
- Text hash
- sha256 0192c752c638decf8fc0692b350d9c33f7324f9e9f04957181341fe3eb61d35d
- 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
This section cites
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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.