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A BILL TO BE ENTITLED
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AN ACT
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relating to damages for certain insurance practices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 541.152, Insurance Code, is amended to |
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read as follows: |
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Sec. 541.152. DAMAGES, ATTORNEY'S FEES, AND OTHER RELIEF. |
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(a) A plaintiff who prevails in an action under this subchapter may |
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obtain: |
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(1) the amount of damages for mental anguish and other |
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actual damages, plus court costs and reasonable and necessary |
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attorney's fees; |
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(2) an order enjoining the act or failure to act |
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complained of; or |
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(3) any other relief the court determines is proper. |
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(b) On a finding by the trier of fact that the defendant |
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knowingly committed the act complained of, the trier of fact may |
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award an amount not to exceed three times the amount of actual |
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damages. A finding that the defendant acted knowingly shall not be |
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a prerequisite to the recovery of any actual damages. |
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SECTION 2. This Act applies only to an action commenced on |
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or after the effective date of this Act. An action that is |
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commenced before the effective date of this Act is governed by the |
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law applicable to the action immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |