§ 100D.003.Damages
Title 4. Liability in Tort · Chapter 100D. Liability for Malicious Solicitation During Disaster · Last amended 2025 · Last verified August 29, 2026
Full Text of § 100D.003
Plain-English Summary
The damages provision, closing the chapter and Title 4.
A court shall award a prevailing donee or donee's estate: 300 percent of the amount of donations the defendant collected on behalf of the donee; and reasonable and necessary attorney's fees.
And shall award a prevailing donor or donor's estate: 300 percent of the amount of donations the defendant collected from the donor; and reasonable and necessary attorney's fees.
Two parallel provisions with different measures. The donee recovers a multiple of everything raised in their name; the donor recovers a multiple of what they personally gave. The two do not overlap, so both may recover without double counting.
300 percent against the crowdfunding chapter's 125 percent is the sharpest distinction between the two, and it reflects the aggravating element: exploiting a declared disaster to divert charity from people who have just lost their homes.
Both awards are mandatory — "shall award" — including the fees, which is what makes a small individual donor's claim worth bringing at all.
Subsection (c) preserves exemplary damages under the damages chapter for any of the four claimants, so the multiplied award is a floor rather than a ceiling.
The chapter is the last in Title 4, and it closes the Title on the same note much of it strikes: a specific statutory remedy for a specific wrong, with mandatory fees to make it usable.
Frequently Asked Questions
What can be recovered for malicious solicitation during a disaster?
300 percent of the donations collected — measured on everything raised in the donee's name for a donee, and on what was collected from that donor for a donor — plus reasonable and necessary attorney's fees. Both are mandatory.
Can both a donee and a donor recover?
Yes. The two measures do not overlap, so both may recover without double counting.
Are exemplary damages available?
Yes. Nothing in the section prevents pursuing a claim for exemplary damages under Chapter 41.
Amendment History
- Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 9 (H.B. 20), Sec. 4.01, eff. December 4, 2025.