(a) A person injured by a violation of this chapter may bring an action or join an action brought by the state to recover against a bond filed under this chapter.
(b) The court may assess costs of litigation and reasonable attorney’s fees incurred by a plaintiff other than the state or by a defendant who substantially prevails.

Terms Used In Texas Occupations Code 1804.205

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(c) In an action brought by a private plaintiff and the state under this chapter, if the amount claimed exceeds the amount of the bond, money derived from a bond forfeiture first applies to pay the private plaintiff’s damages and attorney’s fees, and any remaining amount is forfeited to the state.