By Giddings H.B. No. 3254
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to limitations period for certain diciplinary actions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 81, Section 81.001, Subsection (b) Texas
1-5 Insurance Code, is amended to read as follows:
1-6 (a) Except as provided by Subsection (b), the department or
1-7 commissioner may not begin an action to impose a sanction, penalty,
1-8 or fine, including an administrative penalty, against an insurer,
1-9 agent, or other license holder who is subject to the jurisdiction
1-10 of the department for conduct that is a violation of this code or
1-11 another insurance law of this state after the earlier of:
1-12 (1) the fifth anniversary of the date on which the
1-13 conduct that is a violation occurred; or
1-14 (2) the second anniversary of the earlier of:
1-15 (A) the date on which the conduct that is a
1-16 violation is first discovered by the department; or
1-17 (B) the date on which the conduct that is a
1-18 violation is made known to the department.
1-19 (b) The department or commissioner may not begin an action
1-20 to impose a sanction, penalty, or fine, including an administrative
1-21 penalty, against an insurer, agent, or other license holder who is
1-22 subject to the jurisdiction of the department for conduct that is a
1-23 violation of this code or another insurance law of this state and
2-1 that involves fraud by the insurer, agent, or license holder after
2-2 the fifth anniversary of the earlier of:
2-3 (1) the date on which the conduct that is a violation
2-4 is first discovered by the department; or
2-5 (2) the date on which the conduct that is a violation
2-6 is made known to the department.
2-7 (c) This section does not apply to conduct that is a
2-8 violation that is ongoing at the time the department seeks to
2-9 impose the sanction, penalty, or fine or conduct, regardless of the
2-10 time of its occurrence, that is a violation of Unfair
2-11 Discrimination, Chapter 21, Subchapter B, Article 21.21-6,
2-12 Subsection 3(a).