Sec. 81.104.  INJUNCTION;  CIVIL LIABILITY.  (a)  A person may bring an action to restrain a violation or threatened violation of Section 81.102 or 81.103.
(b)  A person who violates Section 81.102 or who is found in a civil action to have negligently released or disclosed a test result or allowed a test result to become known in violation of Section 81.103 is liable for:
(1)  actual damages;
(2)  a civil penalty of not more than $5,000;  and
(3)  court costs and reasonable attorney's fees incurred by the person bringing the action.
(c)  A person who is found in a civil action to have wilfully released or disclosed a test result or allowed a test result to become known in violation of Section 81.103 is liable for:
(1)  actual damages;
(2)  a civil penalty of not less than $5,000 nor more than $10,000;  and
(3)  court costs and reasonable attorney's fees incurred by the person bringing the action.
(d)  Each release or disclosure made, or allowance of a test result to become known, in violation of this subchapter constitutes a separate offense.
(e)  A defendant in a civil action brought under this section is not entitled to claim any privilege as a defense to the action.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1213, Sec. 1, eff. Sept. 1, 1999.