Bill Text: TX HB3150 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to the recovery of damages in a cause of action brought against the Texas Windstorm Insurance Association.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-07 - Committee report sent to Calendars [HB3150 Detail]
Download: Texas-2011-HB3150-Comm_Sub.html
82R24971 KCR-D | |||
By: Torres | H.B. No. 3150 | ||
Substitute the following for H.B. No. 3150: | |||
By: Torres | C.S.H.B. No. 3150 |
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relating to the recovery of damages in a cause of action brought | ||
against the Texas Windstorm Insurance Association. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 541.152, Insurance Code, is amended by | ||
amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) Except as provided by Subsection (c), on [ |
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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. | ||
(c) Subsection (b) does not apply to an action under this | ||
subchapter brought against the Texas Windstorm Insurance | ||
Association by a person who is insured under Chapter 2210. | ||
SECTION 2. Section 2210.552, Insurance Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A person who brings an action against the association | ||
under this section: | ||
(1) may recover the amount of actual damages, plus | ||
court costs and reasonable and necessary attorney's fees; and | ||
(2) may not recover punitive or exemplary damages, | ||
including damages under Section 541.152(b) or 542.060 of this code | ||
or Section 17.50, Business & Commerce Code. | ||
SECTION 3. The change in law made by this Act applies only | ||
to a cause of action that accrues on or after the effective date of | ||
this Act. A cause of action that accrues before the effective date | ||
of this Act is governed by the law in effect immediately before that | ||
date, and that law is continued in effect for that purpose. | ||
SECTION 4. This Act takes effect September 1, 2011. |