§ 672A.003 — CIVIL PENALTY.

Texas § 672A.003

• Jurisdiction: Texas
• Code HS: Health and Safety Code

Text

Sec. 672A.003. CIVIL PENALTY. (a) An individual who violates Section 672A.002 is liable for a civil penalty in an amount not to exceed $10,000 for each violation.
(b) The attorney general or the appropriate county or district attorney may sue to collect the civil penalty provided by Subsection (a) and may recover attorney's fees and costs incurred in obtaining relief under this section.
(c) It is a defense to liability for a civil penalty under this section that:
(1) the individual published the photograph of human remains for an official law enforcement, scientific, educational, research, or medical purpose, or as part of a civil proceeding; or
(2) the photograph was published in a documentary film or television show with the approval of the chief medical examiner, coroner, or commissioners court, as applicable, and the remains are unidentifiable.
(d) A defendant may not assert official immunity as a defense in an action brought under this section.

Legislative History

Added by Acts 2023, 88th Leg., R.S., Ch. 1151 (S.B. 997 ), Sec. 2, eff. September 1, 2023.