Tex. Hum. Res. Code § 36.109 · Subchapter C. ACTION BY PRIVATE PERSONS
PURSUIT OF ALTERNATE REMEDY BY STATE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding Section 36.101, the state may elect to pursue the state's claim through any alternate remedy available to the state, including any administrative proceeding to determine an administrative penalty. If an alternate remedy is pursued in another proceeding, the person bringing the action has the same rights in the other proceeding as the person would have had if the action had continued under this subchapter.
(b) A finding of fact or conclusion of law made in the other proceeding that has become final is conclusive on all parties to an action under this subchapter. For purposes of this subsection, a finding or conclusion is final if:
(1) the finding or conclusion has been finally determined on appeal to the appropriate court;
(2) no appeal has been filed with respect to the finding or conclusion and all time for filing an appeal has expired; or
(3) the finding or conclusion is not subject to judicial review.
Notes and commentary — not statutory text
History
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HR/htm/HR.36.htm
- Text hash
- sha256 a65f06fdd1cdf7cf5b59c8f448e88966e555857a745374e8106e2a93614f04e9
- 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
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
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.