By: Martinez Fischer H.B. No. 4457
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to damages for certain insurance practices.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 541.152, Insurance Code, is amended to
  read as follows:
         Sec. 541.152.  DAMAGES, ATTORNEY'S FEES, AND OTHER RELIEF.
  (a)  A plaintiff who prevails in an action under this subchapter may
  obtain:
               (1)  the amount of damages for mental anguish and other 
  actual damages, plus court costs and reasonable and necessary
  attorney's fees;
               (2)  an order enjoining the act or failure to act
  complained of; or
               (3)  any other relief the court determines is proper.
         (b)  On a finding by the trier of fact that the defendant
  knowingly committed the act complained of, the trier of fact may
  award an amount not to exceed three times the amount of actual
  damages.  A finding that the defendant acted knowingly shall not be
  a prerequisite to the recovery of any actual damages.
         SECTION 2.  This Act applies only to an action commenced on
  or after the effective date of this Act.  An action that is
  commenced before the effective date of this Act is governed by the
  law applicable to the action immediately before the effective date
  of this Act, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.