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
Texas Codes

Tex. Hum. Res. Code § 36.107 (2026)

Rights Of Parties If State Continues Action

✓ current as of May 2026
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Sec. 36.107. RIGHTS OF PARTIES IF STATE CONTINUES ACTION. (a) If the state proceeds with the action, the state has the primary responsibility for prosecuting the action and is not bound by an act of the person bringing the action. The person bringing the action has the right to continue as a party to the action, subject to the limitations set forth by this section.

(b) The state may dismiss the action notwithstanding the objections of the person bringing the action if:

(1) the attorney general notifies the person that the state has filed a motion to dismiss; and

(2) the court provides the person with an opportunity for a hearing on the motion.

(c) The state may settle the action with the defendant notwithstanding the objections of the person bringing the action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. On a showing of good cause, the hearing may be held in camera.

(d) On a showing by the state that unrestricted participation during the course of the litigation by the person bringing the action would interfere with or unduly delay the state's prosecution of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may impose limitations on the person's participation, including:

(1) limiting the number of witnesses the person may call;

(2) limiting the length of the testimony of witnesses called by the person;

(3) limiting the person's cross-examination of witnesses; or

(4) otherwise limiting the participation by the person in the litigation.

(e) On a showing by the defendant that unrestricted participation during the course of the litigation by the person bringing the action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation.

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

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2007–2025 · leading case: LaPointe v. State, 225 S.W.3d 513 (Tex. Crim. App. 2007).
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LaPointe v. State, 225 S.W.3d 513 (Tex. Crim. App. 2007). “112 ("hearing,” "meeting”)(arbitration); Tex. Hum. Res. Code § 36.107(c)("hearing”)(settlement with defendant in a medicaid fraud suit).”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). · cites it 37× “2, 3, 22 Tex. Hum. Res. Code Ann. § 36.104 (b-1) .”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). · cites it 15× “V, § 21 498 Tex. Hum. Res. Code § 36.101 499 Tex. Hum.”
In Re AstraZeneca Pharm. LP v. the State of Texas (Tex. App. 2025). · cites it 3× “This makes sense: the injuries under the THFPA are the State’s, see Tex. Hum. Res. Code § 36.052(a), and the State controls the case and its investigation.”
In Re Novartis Pharm. Corp. (Tex. 2025). “(citing Tex. Hum. Res. Code § 36.107(c)). And the State receives most of any proceeds from the suit.”
— Tex. Hum. Res. Code § 36.107(a) — 2 cases
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “2, 3, 22 Tex. Hum. Res. Code Ann. § 36.104 (b-1) .”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “V, § 21 498 Tex. Hum. Res. Code § 36.101 499 Tex. Hum.”
— Tex. Hum. Res. Code § 36.107(b) — 3 cases
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “2, 3, 22 Tex. Hum. Res. Code Ann. § 36.104 (b-1) .”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “V, § 21 498 Tex. Hum. Res. Code § 36.101 499 Tex. Hum.”
In Re AstraZeneca Pharm. LP v. the State of Texas (Tex. App. 2025). “This makes sense: the injuries under the THFPA are the State’s, see Tex. Hum. Res. Code § 36.052(a), and the State controls the case and its investigation.”
— Tex. Hum. Res. Code § 36.107(b)(2) — 1 case
In Re AstraZeneca Pharm. LP v. the State of Texas (Tex. App. 2025). “This makes sense: the injuries under the THFPA are the State’s, see Tex. Hum. Res. Code § 36.052(a), and the State controls the case and its investigation.”
— Tex. Hum. Res. Code § 36.107(c) — 4 cases
LaPointe v. State, 225 S.W.3d 513 (Tex. Crim. App. 2007). “112 ("hearing,” "meeting”)(arbitration); Tex. Hum. Res. Code § 36.107(c)("hearing”)(settlement with defendant in a medicaid fraud suit).”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “2, 3, 22 Tex. Hum. Res. Code Ann. § 36.104 (b-1) .”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “V, § 21 498 Tex. Hum. Res. Code § 36.101 499 Tex. Hum.”
In Re Novartis Pharm. Corp. (Tex. 2025). “(citing Tex. Hum. Res. Code § 36.107(c)). And the State receives most of any proceeds from the suit.”
— Tex. Hum. Res. Code § 36.107(d) — 2 cases
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “2, 3, 22 Tex. Hum. Res. Code Ann. § 36.104 (b-1) .”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “V, § 21 498 Tex. Hum. Res. Code § 36.101 499 Tex. Hum.”
— Tex. Hum. Res. Code § 36.107(e) — 1 case
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “2, 3, 22 Tex. Hum. Res. Code Ann. § 36.104 (b-1) .”
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