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 § 36.113 (2026)

Certain Actions Barred

✓ current as of May 2026
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Sec. 36.113. CERTAIN ACTIONS BARRED. (a) A person may not bring an action under this subchapter that is based on allegations or transactions that are the subject of a civil suit or an administrative penalty proceeding in which the state is already a party.

(b) The court shall dismiss an action or claim under this subchapter, unless opposed by the attorney general, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed in a Texas or federal criminal or civil hearing in which the state or an agent of the state is a party, in a Texas legislative or administrative report, or other Texas hearing, audit, or investigation, or from the news media, unless the person bringing the action is an original source of the information. In this subsection, "original source" means an individual who:

(1) prior to a public disclosure under this subsection, has voluntarily disclosed to the state the information on which allegations or transactions in a claim are based; or

(2) has knowledge that is independent of and materially adds to the publicly disclosed allegation or transactions and who has voluntarily provided the information to the state before filing an action under this subchapter.

(c) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 572, Sec. 6, eff. September 1, 2013.

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

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 398 (S.B. 544), Sec. 5, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 4, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 572 (S.B. 746), Sec. 6, eff. September 1, 2013.

Notes of Decisions
Cited in 13 cases (10 in the last 5 years), 2006–2026 · leading case: United States Ex Rel. Rost v. Pfizer Inc., 446 F. Supp. 2d 6 (D. Mass. 2006).
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United States Ex Rel. Rost v. Pfizer Inc., 446 F. Supp. 2d 6 (D. Mass. 2006). · cites it 2× “§ 71-5-183(e)(2)(A); Tex. Hum. Res.Code Ann. § 36.113(b); Va.Code Ann.”
United States ex rel. Colquitt v. Abbott Labs., 864 F. Supp. 2d 499 (N.D. Tex. 2012). “§ 71-5-183(e)(2)(A); Tex. Hum. Res.Code Ann. § 36.113(b); Va.Code Ann.”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). · cites it 10× “29, 30, 31 Tex. Hum. Res. Code § 36.110(c) .........”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). · cites it 7× “14 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 7× “” Tex. Hum Res. Code § 36.113. The State claimed that news reports, state and federal audits, legislative hearings, and news releases by government agencies were prior public disclosures of Xerox’s failure to properly process orthodontic requests.”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). · cites it 6× “102 500 Tex. Hum. Res. Code § 36.104 502 Tex. Hum.”
In Re Dr. Robert Tafel (Tex. 2026). · cites it 4× “TEX. HUM. RES. CODE § 36.113(b). Second, it does not apply if the Attorney General opposes dismissal, as he does here.”
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). · cites it 3× “34 Tex. Hum. Res. Code § 36.107(c) .........”
in Re Shire PLC, Baxter Int'l Inc., Baxalta Inc., & ViroPharma Inc. (Tex. App. 2021). · cites it 2× “TEX. HUM. RES. CODE ANN. § 36.113(b). 5 ease of discussion, we will discuss them as three arguments rather than two: (1) that HCA’s claims have no basis in law because they are barred as a matter of law by the TMFPA’s public disclosure bar, (2) that—based on federal authorities…”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). · cites it 2× “2, 15, 19, 22 ix Tex. Hum. Res. Code §36.110(a) ..........”
in Re Gilead Sciences, Inc. (Tex. App. 2021). “3d at 536–37 (quoting TEX. HUM. RES. CODE ANN. § 36.113(b)). Also, Section 36.”
United States of Am. v. Organon USA Inc (D. Mass. 2018). “610a(13); Tex. Hum. Res. Code § 36.113(b). See also Docket # 527, at 12; # 518, at 9, 13, 14.”
Show all 13 citing cases →
— Tex. Hum. Res. Code § 36.113(a) — 1 case
In Re Novartis Pharm. Corp. v. the State of Texas (Tex. App. 2025). “102 500 Tex. Hum. Res. Code § 36.104 502 Tex. Hum.”
— Tex. Hum. Res. Code § 36.113(b) — 12 cases
United States Ex Rel. Rost v. Pfizer Inc., 446 F. Supp. 2d 6 (D. Mass. 2006). “§ 71-5-183(e)(2)(A); Tex. Hum. Res.Code Ann. § 36.113(b); Va.Code Ann.”
United States ex rel. Colquitt v. Abbott Labs., 864 F. Supp. 2d 499 (N.D. Tex. 2012). “§ 71-5-183(e)(2)(A); Tex. Hum. Res.Code Ann. § 36.113(b); Va.Code Ann.”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). “29, 30, 31 Tex. Hum. Res. Code § 36.110(c) .........”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). “14 Tex. Hum. Res. Code § 36.109(a) .........”
State of Texas v. Alexandra Alvarez, Joshua LaFountain, & Dr. Christine Ellis, D.D.S. (txctapp15 2026). “” Tex. Hum Res. Code § 36.113. The State claimed that news reports, state and federal audits, legislative hearings, and news releases by government agencies were prior public disclosures of Xerox’s failure to properly process orthodontic requests.”
— Tex. Hum. Res. Code § 36.113(b)(1) — 2 cases
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). “29, 30, 31 Tex. Hum. Res. Code § 36.110(c) .........”
State of Texas v. Xerox Corp. Settlement Proceeds (Tex. App. 2025). “14 Tex. Hum. Res. Code § 36.109(a) .........”
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