in SECTION 3 of the bill, strike the existing Sections 4 and
5, Art. 21.53N, and substitute the following in lieu thereof:
      Sec. 4.  PENALTIES.  (a)  A health benefit plan as described
by Section 2 of this article that is found to be in violation of or
failing to comply with this article is subject to the sanctions
authorized by Chapter 82 of this code.
The commissioner may also use the cease and desist procedures
authorized by Chapter 83 of this code and, in accordance with the
provisions of that chapter, direct the plan to make complete
restitution may include reasonable attorney's fees incurred by a
person making a complaint under this article.  Not withstanding the
provisions of this section, the commissioner may order the greater
of complete or economic damages.
      (b)  In addition to imposing the sanctions authorized by
Subsection (a) of this section, the commissioner may impose an
administrative penalty in accordance with Chapter 84 of this code.
Upon a finding that the plan knowingly violated the provisions of
this article, the commissioner may impose an administrative penalty
not to exceed $25,000 in addition to the penalty authorized by
Section 84.022.
      (c)  The commissioner shall make a determination of a
violation of this article and impose the appropriate sanctions
within 120 days of the date a complaint alleging a violation is
filed.
      (d)  The procedural requirements established by Chapter 84,
Subchapter C, of this codes shall govern the imposition of
sanctions and administrative penalties under this article.
      Sec. 5.  JUDICIAL REVIEW.  (a)  A person, including a
physician or provider, affected by an order of the commissioner
regarding a violation of this article may file an appeal in
district court.  The standard of review under this subsection is
substantial evidence.
      (b)  If the commissioner fails to make a determination of a
complaint within the time limit prescribed by Subsection (c) of
Section 4 of this article, the person who initiated the complaint
may bring an action in the district court for a violation of this
article.  The action must be commenced within 12 months after the
date on which the time limit for the commissioner's determination
expired.
      (c) In a suit filed under Subsection (b) of this section, a
court may impose the same or similar sanctions as provided under
Section 4 (a) of this article, including an additional civil
penalty of $25,000 if the trier of fact finds that the defendant
knowingly violated the provisions of this article. In addition, if
the claimant prevails in the action, the court may award reasonable
attorney's fees and court costs, including any reasonable and
necessary expert witness fees.
      (d)  On a finding by the court that an action under
Subsection (b) of this section was groundless and brought in bad
faith or brought for the purpose of harassment, the court shall
award the defendant reasonable and necessary attorney's fees.