{"data":{"id":"us-tx/tex.-health-and-safety-code-171a.104","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 171A.104","heading":"REMEDIES.","body":"(a) Notwithstanding any other law and except as provided by Subsection (b), if a qui tam relator prevails in an action brought under Section 171A.101, the court shall award to the relator:\n(1) injunctive relief sufficient to prevent the defendant from violating Section 171A.051;\n(2) an amount of not less than $100,000 for each violation of Section 171A.051, to be allocated in accordance with Subsection (b); and\n(3) costs and reasonable attorney's fees.\n(b) In awarding the amount described by Subsection (a)(2), the court shall ensure that:\n(1) the qui tam relator receives the entire amount awarded under Subsection (a)(2) for an action in which the relator is:\n(A) a woman who was pregnant at the time the woman obtained or received an abortion-inducing drug that was manufactured, distributed, mailed, transported, delivered, prescribed, provided, or possessed in violation of Section 171A.051; or\n(B) the father, sibling, or grandparent of the unborn child with which the woman described by Paragraph (A) was pregnant at the time the woman obtained or received the abortion-inducing drug; and\n(2) for an action in which the qui tam relator is a person other than a person described by Subdivision (1):\n(A) the relator receives $10,000 of the total amount awarded under Subsection (a)(2); and\n(B) the remainder of the amount awarded under Subsection (a)(2) is held in trust by the relator for the benefit of a charitable organization designated by the relator, except that the relator may not designate a charitable organization under this paragraph from which the relator or any of the relator's family members receives a salary, stipend, or any type of remuneration or financial benefit.\n(c) A court may not award relief under Subsection (a)(2) or (3) in response to a violation of Section 171A.051 if the defendant demonstrates that:\n(1) a court previously ordered the defendant to pay an amount under Subsection (a)(2) in another action for that particular violation; and\n(2) the court order described by Subdivision (1) has not been vacated, reversed, or overturned.\n(d) A court may not award costs or attorney's fees under the Texas Rules of Civil Procedure or any other rule adopted by the supreme court under Section 22.004, Government Code, to a defendant against whom an action is brought under Section 171A.101.\n(e) Subsection (d) does not preclude a court from:\n(1) awarding sanctions under Chapter 10, Civil Practice and Remedies Code; or\n(2) sanctioning a litigant or attorney for frivolous, malicious, or bad-faith conduct.\nAdded by Acts 2025, 89th Leg., 2nd C.S., Ch. 5 (H.B. 7), Sec. 2, eff. December 4, 2025.","path":["HEALTH AND SAFETY CODE","TITLE 2. HEALTH","SUBTITLE H. PUBLIC HEALTH PROVISIONS","CHAPTER 171A. ABORTION-INDUCING DRUGS","SUBCHAPTER C. QUI TAM ENFORCEMENT OF PROHIBITIONS RELATING TO ABORTION-INDUCING DRUGS"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.171A.htm#171A.104","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"e0220da2b26563a7fa3296da888265f962833181aa266ff60ed50f8e86f3d965","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-171a.103","next":"us-tx/tex.-health-and-safety-code-171a.105"},"notice":"GroundRules: Original legal text. Not legal advice."}