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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 7. MENTAL HEALTH AND MENTAL RETARDATION |
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Subtitle D. PERSONS WITH MENTAL RETARDATION ACT |
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Chapter 591. GENERAL PROVISIONS |
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Subchapter C. PENALTIES AND REMEDIES |
Sec. 591.022. CIVIL PENALTY
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(a) A person who intentionally violates the rights guaranteed by this subtitle to a person with mental retardation 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 mental retardation 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 mental retardation 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.