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Texas Health and Safety Code - HEALTH & SAFETY § 171A.104. Remedies

Current as of January 01, 2024 | Updated by Findlaw Staff

(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:

(1) injunctive relief sufficient to prevent the defendant from violating Section 171A.051;

(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

(3) costs and reasonable attorney's fees.

(b) In awarding the amount described by Subsection (a)(2), the court shall ensure that:

(1) the qui tam relator receives the entire amount awarded under Subsection (a)(2) for an action in which the relator is:

(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

(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

(2) for an action in which the qui tam relator is a person other than a person described by Subdivision (1):

(A) the relator receives $10,000 of the total amount awarded under Subsection (a)(2);  and

(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.

(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:

(1) a court previously ordered the defendant to pay an amount under Subsection (a)(2) in another action for that particular violation;  and

(2) the court order described by Subdivision (1) has not been vacated, reversed, or overturned.

(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.

(e) Subsection (d) does not preclude a court from:

(1) awarding sanctions under Chapter 10, Civil Practice and Remedies Code;  or

(2) sanctioning a litigant or attorney for frivolous, malicious, or bad-faith conduct.

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Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 171A.104. Remedies - last updated January 01, 2024 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-171a-104/

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