Sec. 591.022. CIVIL PENALTY. (a) A person who intentionally violates the rights guaranteed by this subtitle to a person with an intellectual disability is liable to the person injured by the violation in an amount of not less than $100 or more than $5,000.
(b) A person who recklessly violates the rights guaranteed by this subtitle to a person with an intellectual disability is liable to the person injured by the violation in an amount of not less than $100 or more than $1,000.
(c) A person who intentionally releases confidential information or records of a person with an intellectual disability in violation of law is liable to the person injured by the unlawful disclosure for $1,000 or three times the actual damages, whichever is greater.
(d) A cause of action under this section may be filed by:
(1) the injured person;
(2) the injured person's parent, if the person is a minor;
(3) a guardian, if the person has been adjudicated incompetent; or
(4) the injured person's next friend in accordance with Rule 44, Texas Rules of Civil Procedure.
(e) The cause of action may be filed in a district court in Travis County or in the county in which the defendant resides.
(f) This section does not supersede or abrogate other remedies existing in law.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1407, eff. April 2, 2015.
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