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A BILL TO BE ENTITLED
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AN ACT
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relating to the award of damages in a private action involving |
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health benefits for certain prohibited acts or practices by an |
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insurer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 541.152(a), Insurance Code, is amended |
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to read as follows: |
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(a) A plaintiff who prevails in an action under this |
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subchapter may obtain: |
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(1) the amount of actual damages, plus court costs and |
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reasonable and necessary attorney's fees; |
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(2) in an action authorized by Section 541.151 that |
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relates to health benefits, the greater of: |
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(A) the amount provided by Subdivision (1); or |
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(B) $10,000, plus court costs and reasonable and |
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necessary attorney's fees; |
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(3) an order enjoining the act or failure to act |
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complained of; or |
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(4) [(3)] any other relief the court determines is |
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proper. |
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SECTION 2. 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 accrued before the effective date |
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of this Act is governed by the law applicable to the cause of action |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |