Texas § 171A.104 REMEDIES.

Texas Statutes

§ 171A.104 — REMEDIES.

Texas § 171A.104

Code HSHealth and Safety Code

This text of Texas § 171A.104 (REMEDIES.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tex. Health and Safety Code Code Ann. § 171A.104 (2026).

Text

Sec. 171A.104. REMEDIES.

(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 wa

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Sec. 171A.104. REMEDIES. (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.