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A BILL TO BE ENTITLED
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AN ACT
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relating to the recovery of damages in a cause of action brought |
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against the Texas Windstorm Insurance Association. |
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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 by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Except as provided by Subsection (c), on [On] a finding |
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by the trier of fact that the defendant knowingly committed the act |
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complained of, the trier of fact may award an amount not to exceed |
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three times the amount of actual damages. |
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(c) Subsection (b) does not apply to an action under this |
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subchapter brought against the Texas Windstorm Insurance |
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Association by a person who is insured under Chapter 2210. |
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SECTION 2. Section 2210.552, Insurance Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A person who brings an action against the association |
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under this section: |
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(1) may recover the amount of actual damages, plus |
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court costs and reasonable and necessary attorney's fees; and |
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(2) may not recover punitive or exemplary damages, |
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including damages under Section 541.152(b) or 542.060 of this code |
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or Section 17.50, Business & Commerce Code. |
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SECTION 3. The change in law made by this Act applies only |
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to a cause of action that accrues on or after the effective date of |
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this Act. A cause of action that accrues before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |