Injunction; Civil Liability

Sec. 81.104. INJUNCTION; CIVIL LIABILITY. (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. 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.