| 1 | 1 | | 82R24971 KCR-D |
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| 2 | 2 | | By: Torres H.B. No. 3150 |
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| 3 | 3 | | Substitute the following for H.B. No. 3150: |
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| 4 | 4 | | By: Torres C.S.H.B. No. 3150 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the recovery of damages in a cause of action brought |
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| 10 | 10 | | against the Texas Windstorm Insurance Association. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 541.152, Insurance Code, is amended by |
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| 13 | 13 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (b) Except as provided by Subsection (c), on [On] a finding |
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| 16 | 16 | | by the trier of fact that the defendant knowingly committed the act |
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| 17 | 17 | | complained of, the trier of fact may award an amount not to exceed |
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| 18 | 18 | | three times the amount of actual damages. |
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| 19 | 19 | | (c) Subsection (b) does not apply to an action under this |
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| 20 | 20 | | subchapter brought against the Texas Windstorm Insurance |
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| 21 | 21 | | Association by a person who is insured under Chapter 2210. |
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| 22 | 22 | | SECTION 2. Section 2210.552, Insurance Code, is amended by |
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| 23 | 23 | | adding Subsection (e) to read as follows: |
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| 24 | 24 | | (e) A person who brings an action against the association |
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| 25 | 25 | | under this section: |
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| 26 | 26 | | (1) may recover the amount of actual damages, plus |
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| 27 | 27 | | court costs and reasonable and necessary attorney's fees; and |
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| 28 | 28 | | (2) may not recover punitive or exemplary damages, |
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| 29 | 29 | | including damages under Section 541.152(b) or 542.060 of this code |
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| 30 | 30 | | or Section 17.50, Business & Commerce Code. |
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| 31 | 31 | | SECTION 3. The change in law made by this Act applies only |
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| 32 | 32 | | to a cause of action that accrues on or after the effective date of |
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| 33 | 33 | | this Act. A cause of action that accrues before the effective date |
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| 34 | 34 | | of this Act is governed by the law in effect immediately before that |
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| 35 | 35 | | date, and that law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 4. This Act takes effect September 1, 2011. |
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