Tex. Codes » Human Resources Code · TITLE 2. HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL · SUBTITLE C. ASSISTANCE PROGRAMS · CHAPTER 36. HEALTH CARE PROGRAM FRAUD PREVENTION
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Tex. Hum. Res. Code § 36.106 (2026)

Intervention By Other Parties Prohibited

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Sec. 36.106. INTERVENTION BY OTHER PARTIES PROHIBITED. A person other than the state may not intervene or bring a related action based on the facts underlying a pending action brought under this subchapter.

Added by Acts 1997, 75th Leg., ch. 1153, Sec. 4.08, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 8 cases (6 in the last 5 years), 2013–2026 · leading case: United States ex rel. Palmieri v. Alpharma, Inc., 928 F. Supp. 2d 840 (D. Md. 2013).
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United States ex rel. Palmieri v. Alpharma, Inc., 928 F. Supp. 2d 840 (D. Md. 2013). “§ 4-18-104 (c)(10); Tex. Hum. Res. Code Ann. § 36.106 ; Wis. Stat.”
Nazari v. State, 497 S.W.3d 169 (Tex. App.—Austin 2016). “It is worth noting that the Human Resources Code specifies that "[a] person other than the state may not intervene or bring a related action based on the facts underlying a pending action brought under this subchap-ter” regarding actions brought by private parties.”
In re Dr. Robert Tafel, No. 24-1062 (Tex. June 19, 2026). · cites it 5× “Without deciding whether the first-to-file bar’s prohibition on “bring[ing] a related action” based on the same underlying facts is jurisdictional, see TEX. HUM. RES. CODE § 36.106, we consider its application as “a pure issue of law pertaining to the merits” of Bear Creek’s…”
State of Texas v. Xerox Corp. Settlement Proceeds, No. 15-25-00034-CV (Tex. App.—15th Dist. July 10, 2025). · cites it 3× “12 Tex. Hum. Res. Code § 36.104(a) .........”
In re AstraZeneca Pharm. LP v. the State of Texas, No. 15-25-00088-CV (Tex. App.—15th Dist. Aug. 20, 2025). · cites it 3× “TEX. HUM. RES. CODE § 36.106. The rationale for the bar is simple: once the first action has been filed, the government has been placed on notice of allegations of fraud and can investigate.”
In re Gilead Sciences, Inc., No. 06-21-00030-CV (Tex. App.—Texarkana Sept. 30, 2021). “3d at 536–37 (quoting TEX. HUM. RES. CODE ANN. § 36.113(b)). Also, Section 36.”
State of Texas v. Xerox Corp. Settlement Proceeds, No. 15-25-00034-CV (Tex. App.—15th Dist. Oct. 2, 2025). “3 Tex. Hum. Res. Code § 36.106 ............”
State of Texas v. Alexandra Alvarez, No. 15-25-00034-CV (Apr. 7, 2026). “at 513 (citing Tex. Hum. Res. Code § 36.106). The State asserted that being first to file was a TMFPA statutory prerequisite to suit and accordingly its immunity was not waived because Ellis and LaFountain did not comply with the statutory prerequisite.”
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