Tex. Codes » Occupations Code · TITLE 3. HEALTH PROFESSIONS · SUBTITLE B. PHYSICIANS · CHAPTER 165. PENALTIES
Texas Codes

Tex. Occ. Code § 165.101 (2026)

Civil Penalty

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Sec. 165.101. CIVIL PENALTY. (a) If it appears that a person is in violation of or is threatening to violate this subtitle or a rule or order adopted by the board, the attorney general may institute an action for a civil penalty of $1,000 for each violation.

(b) Each day a violation continues constitutes a separate violation.

(c) An action filed under this section must be filed in a district court in Travis County or the county in which the violation occurred.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Notes of Decisions
Cited in 6 cases (6 in the last 5 years), 2021–2025 · leading case: Whole Woman's Health v. Jackson, 23 F.4th 380 (5th Cir. 2022).
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Whole Woman's Health v. Jackson, 23 F.4th 380 (5th Cir. 2022). “14 Moreover, the definitive interpretation of the above-mentioned state statutes will bear on inquiries including (1) whether Plaintiffs’ claims against any of the Licensing officials can survive a motion for summary judgment; 13 Additionally, the Supreme Court dismissed the…”
Whole Woman's Health v. Jackson, 595 U.S. 30 (2021). · cites it 3× “The pe- titioners point to a state statute that says the attorney general “may institute an action for a civil penalty of $1,000” for violations of “this subtitle or a rule or order adopted by the [Texas Medical B]oard,” Tex. Occ. Code Ann. §165.101 , but the qualification “this…”
Whole Woman's Health v. Jackson, 595 U.S. 30 (2021). · cites it 3× “The pe- titioners point to a state statute that says the attorney general “may institute an action for a civil penalty of $1,000” for violations of “this subtitle or a rule or order adopted by the [Texas Medical B]oard,” Tex. Occ. Code Ann. §165.101 , but the qualification “this…”
Whole Woman's Health v. Jackson, 595 U.S. 30 (2021). · cites it 3× “The pe- titioners point to a state statute that says the attorney general “may institute an action for a civil penalty of $1,000” for violations of “this subtitle or a rule or order adopted by the [Texas Medical B]oard,” Tex. Occ. Code Ann. §165.101 , but the qualification “this…”
Maria Margarita Rojas, Maternal Maternal & Child Healthcare & Rsch. Ctr. LLC D/B/A Clinica Latinoamericana; Clinicas Latinoamericans; Clinica-Waller Latinoamericana; Clinica-Telge Latinoamericana A/K/A Clinica De La Mujer A/K/A Houston BirthHouse v. State of Texas, No. 15-25-00100-CV (Tex. App.—15th Dist. June 30, 2025). · cites it 3× “005; Tex. Occ. Code § 165.101. But Appellants argue that the remedies available are limited to those expressly included in the statute—penalties—suggest- ing that chapter 65 of the Texas Civil Practice and Remedies Code, which is available to all other litigants, is not…”
Maria Margarita Rojas, Maternal Maternal & Child Healthcare & Rsch. Ctr. LLC D/B/A Clinica Latinoamericana; Clinicas Latinoamericans; Clinica-Waller Latinoamericana; Clinica-Telge Latinoamericana A/K/A Clinica De La Mujer A/K/A Houston BirthHouse v. State of Texas, No. 15-25-00100-CV (Tex. App.—15th Dist. Sept. 5, 2025). · cites it 3× “16 Tex. Occ. Code § 165.101 ................”
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