85R9913 LED-F
By: Muñoz, Jr. H.B. No. 2620
A BILL TO BE ENTITLED
AN ACT
relating to the award of damages in a private action involving
health benefits for certain prohibited acts or practices by an
insurer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 541.152(a), Insurance Code, is amended
to read as follows:
(a) A plaintiff who prevails in an action under this
subchapter may obtain:
(1) the amount of actual damages, plus court costs and
reasonable and necessary attorney's fees;
(2) in an action authorized by Section 541.151 that
relates to health benefits, the greater of:
(A) the amount provided by Subdivision (1); or
(B) $10,000, plus court costs and reasonable and
necessary attorney's fees;
(3) an order enjoining the act or failure to act
complained of; or
(4) [(3)] any other relief the court determines is
proper.
SECTION 2. 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 accrued before the effective date
of this Act is governed by the law applicable to the cause of action
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.