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A BILL TO BE ENTITLED
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AN ACT
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relating to unauthorized insurance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 101, Insurance Code, is amended to read |
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as follows: |
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Sec. 101.105. CIVIL PENALTY; INJUNCTIVE RELIEF. (a) A |
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person or entity, including an insurer, that violates this chapter |
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or Chapter 226 is subject to a civil penalty of not more than |
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$15,000 $10,000 for each act of violation and for each day of |
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violation. |
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(b) The commissioner may request that the attorney general |
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institute a civil suit in a district court in Travis County for |
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injunctive relief to restrain a person or entity, including an |
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insurer, from continuing a violation or threat of violation |
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described by Section 101.103(a). On application for injunctive |
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relief and a finding that a person or entity, including an insurer, |
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is violating or threatening to violate this chapter or Chapter 226, |
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the district court shall grant the injunctive relief and issue an |
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injunction without bond. |
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(c) On request by the commissioner, the attorney general |
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shall institute and conduct a civil suit in the name of the state |
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for injunctive relief, to recover a civil penalty, or for both |
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injunctive relief and a civil penalty, as authorized under this |
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subchapter. |
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SECTION 2. This Act takes effect September 1, 2013. |