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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Insurance Code § 545.702: CIVIL ACTION; PENALTY.

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Where this section sits in the code
  1. INSURANCE CODE
  2. TITLE 5. PROTECTION OF CONSUMER INTERESTS
  3. SUBTITLE C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES
  4. CHAPTER 545. HIV TESTING
  5. SUBCHAPTER O. SANCTIONS; PENALTIES; INJUNCTIONS

(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.

Collected 2026-08-27T01:47:21Z. Source file · JSON

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