Insurance Code § 545.702

Sec. 545.702. CIVIL ACTION; PENALTY. (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.