| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 85R9913 LED-F | |
| 2 | 2 | By: Muñoz, Jr. H.B. No. 2620 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the award of damages in a private action involving | |
| 8 | 8 | health benefits for certain prohibited acts or practices by an | |
| 9 | 9 | insurer. | |
| 10 | 10 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 11 | 11 | SECTION 1. Section 541.152(a), Insurance Code, is amended | |
| 12 | 12 | to read as follows: | |
| 13 | 13 | (a) A plaintiff who prevails in an action under this | |
| 14 | 14 | subchapter may obtain: | |
| 15 | 15 | (1) the amount of actual damages, plus court costs and | |
| 16 | 16 | reasonable and necessary attorney's fees; | |
| 17 | 17 | (2) in an action authorized by Section 541.151 that | |
| 18 | 18 | relates to health benefits, the greater of: | |
| 19 | 19 | (A) the amount provided by Subdivision (1); or | |
| 20 | 20 | (B) $10,000, plus court costs and reasonable and | |
| 21 | 21 | necessary attorney's fees; | |
| 22 | 22 | (3) an order enjoining the act or failure to act | |
| 23 | 23 | complained of; or | |
| 24 | 24 | (4) [(3)] any other relief the court determines is | |
| 25 | 25 | proper. | |
| 26 | 26 | SECTION 2. The change in law made by this Act applies only | |
| 27 | 27 | to a cause of action that accrues on or after the effective date of | |
| 28 | 28 | this Act. A cause of action that accrued before the effective date | |
| 29 | 29 | of this Act is governed by the law applicable to the cause of action | |
| 30 | 30 | immediately before the effective date of this Act, and that law is | |
| 31 | 31 | continued in effect for that purpose. | |
| 32 | 32 | SECTION 3. This Act takes effect September 1, 2017. |