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 § 36.109 (2026)

Pursuit Of Alternate Remedy By State

✓ current as of May 2026
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Sec. 36.109. PURSUIT OF ALTERNATE REMEDY BY STATE. (a) Notwithstanding Section 36.101, the state may elect to pursue the state's claim through any alternate remedy available to the state, including any administrative proceeding to determine an administrative penalty. If an alternate remedy is pursued in another proceeding, the person bringing the action has the same rights in the other proceeding as the person would have had if the action had continued under this subchapter.

(b) A finding of fact or conclusion of law made in the other proceeding that has become final is conclusive on all parties to an action under this subchapter. For purposes of this subsection, a finding or conclusion is final if:

(1) the finding or conclusion has been finally determined on appeal to the appropriate court;

(2) no appeal has been filed with respect to the finding or conclusion and all time for filing an appeal has expired; or

(3) the finding or conclusion is not subject to judicial review.

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

Notes of Decisions
Cited in 7 cases (7 in the last 5 years), 2025–2026 · leading case: State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025).
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State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). · cites it 5× “5 Tex. Hum. Res. Code § 36.106 ............”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). · cites it 5× “21 Tex. Hum. Res. Code § 36.104(b-1) .......”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). · cites it 4× “The Court should see Novartis’s efforts for what they are—a cynical attempt to void the very statutes that have brought taxpayers justice for Novartis’s long history of unlawful conduct.”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). · cites it 2× “13 Tex. Hum. Res. Code §36.109(a) ..........”
State of Texas v. Alexandra Alvarez, Joshua LaFountain, & Dr. Christine Ellis, D.D.S. (txctapp15 2026). · cites it 2× “at 512 (citing Tex. Hum. Res. Code §§ 36.109(a), .110(d)).”
In Re AstraZeneca Pharm. LP v. the State of Texas (Tex. App. 2025). “Tex. Hum. Res. Code § 36.109(a). This makes sense: the injuries under the THFPA are the State’s, see Tex.”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). “26 Tex. Hum. Res. Code § 36.109(a) .........”
— Tex. Hum. Res. Code § 36.109(a) — 6 cases
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). “5 Tex. Hum. Res. Code § 36.106 ............”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). “13 Tex. Hum. Res. Code §36.109(a) ..........”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “21 Tex. Hum. Res. Code § 36.104(b-1) .......”
State of Texas v. Alexandra Alvarez, Joshua LaFountain, & Dr. Christine Ellis, D.D.S. (txctapp15 2026). “at 512 (citing Tex. Hum. Res. Code §§ 36.109(a), .110(d)).”
In Re AstraZeneca Pharm. LP v. the State of Texas (Tex. App. 2025). “Tex. Hum. Res. Code § 36.109(a). This makes sense: the injuries under the THFPA are the State’s, see Tex.”
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