reglab/housing_qa huggingface dataset:
TX Ins Code § 541.082 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter B. -1. Advertising Requirements|Section 541.082. Advertising and Internet Websites

Sec. 541.082.  ADVERTISING AND INTERNET WEBSITES.  (a)  In this section, "insurer" includes:(1)  a life insurance company;(2)  a health insurance company;(3)  an accident insurance company;(4)  a general casualty company;(5)  a mutual life insurance company or other mutual insurance company;(6)  a mutual or natural premium life insurance company;(7)  a Lloyd's plan;(8)  a county mutual insurance company;(9)  a farm mutual insurance company;(10)  a reciprocal or interinsurance exchange;(11)  a fraternal benefit society;(12)  a local mutual aid association;(13)  a health maintenance organization;(14)  a group hospital service corporation; or(15)  a multiple employer welfare arrangement that holds a certificate of coverage under Chapter 846.(b)  A web page of an insurer's Internet website must include all appropriate disclosures and information required by applicable rules adopted by the commissioner relating to advertising only if the web page:(1)  describes specific policies or coverage available in this state; or(2)  includes an opportunity for an individual to apply for coverage or obtain a quote from an insurer for an insurance policy or certificate or an evidence of coverage.(c)  As may be permitted by commissioner rule, an insurer may comply with Subsection (b) by including a link to a web page that includes the information necessary to comply with the applicable rules relating to advertising.  The link must be prominently placed on the insurer's web page.(d)  Web pages of an Internet website that do not refer to a specific insurance policy, certificate of coverage, or evidence of coverage or that do not provide an opportunity for an individual to apply for coverage or request a quote from an insurer are considered to be institutional advertisements subject to rules adopted by the commissioner relating to advertising.(e)  Web pages or navigation aids within an insurer's Internet website that provide a link to a web page described by  Subsection (b) but that do not otherwise contain content described in Subsection (b) are considered to be institutional advertisements subject to rules adopted by the commissioner relating to advertising.|Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.|
TX Ins Code § 541.083 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter B. -1. Advertising Requirements|Section 541.083. Advertisements to Certain Associations

Sec. 541.083.  ADVERTISEMENTS TO CERTAIN ASSOCIATIONS.  An insurer may advertise to the general public policies or coverage available only to members of an association described by Section 1251.052.|Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.|
TX Ins Code § 541.084 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter B. -1. Advertising Requirements|Section 541.084. Advertisements Relating to Medicare Program

Sec. 541.084.  ADVERTISEMENTS RELATING TO MEDICARE PROGRAM.  A person may not use an advertisement for an insurance product relating to Medicare coverage unless the advertisement includes in a prominent place the following language or similar language: "Not connected with or endorsed by the United States government or the federal Medicare program."|Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.|
TX Ins Code § 541.085 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter B. -1. Advertising Requirements|Section 541.085. Advertisements Relating to Preferred Provider Benefit Plans

Sec. 541.085.  ADVERTISEMENTS RELATING TO PREFERRED PROVIDER BENEFIT PLANS.  It is sufficient for an insurer to use the term "PPO plan" in advertisements when referring to a preferred provider benefit plan offered under Chapter 1301.|Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.|
TX Ins Code § 541.086 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter B. -1. Advertising Requirements|Section 541.086. Advertising Regarding Guaranteed Renewable Coverage

Sec. 541.086.  ADVERTISING REGARDING GUARANTEED RENEWABLE COVERAGE.  (a)  An advertisement for a guaranteed renewable accident and health insurance policy must include, in a prominent place, a statement indicating that rates for the policy may change if the advertisement suggests or implies that rates for the product will not change.(b)  If an advertisement is required to include the statement described by Subsection (a), the statement must generally identify the manner in which rates may change, such as by age, by health status, by class, or through application of other general criteria.|Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.|
TX Ins Code § 541.087 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter B. -1. Advertising Requirements|Section 541.087. Advertisements Exempt From Filing Requirements

Sec. 541.087.  ADVERTISEMENTS EXEMPT FROM FILING REQUIREMENTS.An advertisement subject to requirements regarding filing of the advertisement with the department for department review under this code or commissioner rule and that is the same as or substantially similar to an advertisement previously reviewed and accepted by the department is not required to be filed for department review.|Added by Acts 2007, 80th Leg., R.S., Ch. 475 (H.B. 2251), Sec. 1, eff. September 1, 2007.|
TX Ins Code § 541.101 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.101. Examination and Investigation

Sec. 541.101.  EXAMINATION AND INVESTIGATION.  The department may examine and investigate the affairs of a person engaged in the business of insurance in this state to determine whether the person has or is engaged in an unfair method of competition or unfair or deceptive act or practice prohibited by Section 541.003.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.102 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.102. Statement of Charges; Notice of Hearing

Sec. 541.102.  STATEMENT OF CHARGES;  NOTICE OF HEARING.  (a)  When the department has reason to believe that a person engaged in the business of insurance in this state has engaged or is engaging in this state in an unfair method of competition or unfair or deceptive act or practice defined by Subchapter B and that a proceeding by the department regarding the charges is in the interest of the public, the department shall issue and serve on the person:(1)  a statement of the charges;  and(2)  a notice of the hearing on the charges, including the time and place for the hearing.(b)  The department may not hold the hearing before the sixth day after the date the notice is served.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.103 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.103. Hearing

Sec. 541.103.  HEARING.  A person against whom charges are made under Section 541.102 is entitled at the hearing on the charges to have an opportunity to be heard and show cause why the department should not issue an order requiring the person to cease and desist from the unfair method of competition or unfair or deceptive act or practice described in the charges.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.104 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.104. Hearing Procedures

Sec. 541.104.  HEARING PROCEDURES.  (a)  Nothing in this chapter requires the observance of formal rules of pleading or evidence at a hearing under this subchapter.(b)  At a hearing under this subchapter, the department, on a showing of good cause, shall permit any person to intervene, appear, and be heard by counsel or in person.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.105 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.105. Record of Hearing

Sec. 541.105.  RECORD OF HEARING.  (a)  At a hearing under this subchapter, the department may, and at the request of a party to the hearing shall, make a stenographic record of the proceedings and the evidence presented at the hearing.(b)  If the department does not make a stenographic record and a person seeks judicial review of the decision made at the hearing, the department shall prepare a statement of the evidence and proceeding for use on review.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.106 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.106. Compliance With Subpoena

Sec. 541.106.  COMPLIANCE WITH SUBPOENA.  (a)  If a person refuses to comply with a subpoena issued in connection with a hearing under this subchapter or refuses to testify with respect to a matter about which the person may be lawfully interrogated, on application of the department, a district court in Travis County or in the county in which the person resides may order the person to comply with the subpoena or testify.(b)  A court may punish as contempt a person's failure to obey an order under this section.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.107 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.107. Determination of Violation

Sec. 541.107.  DETERMINATION OF VIOLATION.  After a hearing under this subchapter, the department shall determine whether:(1)  the method of competition or the act or practice considered in the hearing is defined as:(A)  an unfair method of competition or deceptive act or practice under Subchapter B or a rule adopted under this chapter;  or(B)  a false, misleading, or deceptive act or practice under Section 17.46, Business & Commerce Code;  and(2)  the person against whom the charges were made engaged in the method of competition or act or practice in violation of:(A)  this chapter or a rule adopted under this chapter;  or(B)  Subchapter E, Chapter 17, Business & Commerce Code, as specified in Section 17.46, Business & Commerce Code.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.108 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.108. Cease and Desist Order

Sec. 541.108.  CEASE AND DESIST ORDER.  On determining that a person committed a violation described by Section 541.107, the department shall:(1)  make written findings;  and(2)  issue and serve on the person an order requiring the person to cease and desist from engaging in the method of competition or act or practice determined to be a violation.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.109 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.109. Modification or Setting Aside of Order

Sec. 541.109.  MODIFICATION OR SETTING ASIDE OF ORDER.  On the notice and in the manner the department determines proper, the department may modify or set aside in whole or in part a cease and desist order issued under Section 541.108 at any time before a petition appealing the order is filed in accordance with Subchapter D, Chapter 36.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.110 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.110. Administrative Penalty

Sec. 541.110.  ADMINISTRATIVE PENALTY.  (a)  A person who violates a cease and desist order issued under Section 541.108 is subject to an administrative penalty under Chapter 84.(b)  In determining whether a person has violated a cease and desist order, the department shall consider the maintenance of procedures reasonably adapted to ensure compliance with the order.(c)  An administrative penalty imposed under this section may not exceed:(1)  $1,000 for each violation;  or(2)  $5,000 for all violations.(d)  An order of the department imposing an administrative penalty under this section applies only to a violation of the cease and desist order committed before the date the order imposing the penalty is issued.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.111 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter C. Determination of Unfair Methods of Competition and Unfair or Deceptive Acts or Practices; Sanctions and Penalties|Section 541.111. Civil Penalty for Violation of Cease and Desist Order

Sec. 541.111.  CIVIL PENALTY FOR VIOLATION OF CEASE AND DESIST ORDER.  (a)  A person who is found by a court to have violated a cease and desist order issued under Section 541.108 is liable to the state for a penalty.  The state may recover the penalty in a civil action.(b)  The penalty may not exceed $50 unless the court finds the violation to be wilful, in which case the penalty may not exceed $500.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.151 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter D. Private Action for Damages|Section 541.151. Private Action for Damages Authorized

Sec. 541.151.  PRIVATE ACTION FOR DAMAGES AUTHORIZED.  A person who sustains actual damages may bring an action against another person for those damages caused by the other person engaging in an act or practice:(1)  defined by Subchapter B to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance;  or(2)  specifically enumerated in Section 17.46(b), Business & Commerce Code, as an unlawful deceptive trade practice if the person bringing the action shows that the person relied on the act or practice to the person's detriment.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.152 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter D. Private Action for Damages|Section 541.152. Damages, Attorney's Fees, and Other Relief

Sec. 541.152.  DAMAGES, ATTORNEY'S FEES, AND OTHER RELIEF.  (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)  an order enjoining the act or failure to act complained of;  or(3)  any other relief the court determines is proper.(b)  Except as provided by Subsection (c), on a finding 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.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 2 (H.B. 3), Sec. 2, eff. September 28, 2011.|
TX Ins Code § 541.153 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter D. Private Action for Damages|Section 541.153. Frivolous Action

Sec. 541.153.  FRIVOLOUS ACTION.  A court shall award to the defendant court costs and reasonable and necessary attorney's fees if the court finds that an action under this subchapter is groundless and brought in bad faith or brought for the purpose of harassment.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.154 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter D. Private Action for Damages|Section 541.154. Prior Notice of Action

Sec. 541.154.  PRIOR NOTICE OF ACTION.  (a)  A person seeking damages in an action against another person under this subchapter must provide written notice to the other person not later than the 61st day before the date the action is filed.(b)  The notice must advise the other person of:(1)  the specific complaint;  and(2)  the amount of actual damages and expenses, including attorney's fees reasonably incurred in asserting the claim against the other person.(c)  The notice is not required if giving notice is impracticable because the action:(1)  must be filed to prevent the statute of limitations from expiring;  or(2)  is asserted as a counterclaim.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.155 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter D. Private Action for Damages|Section 541.155. Abatement

Sec. 541.155.  ABATEMENT.  (a)  A person against whom an action under this subchapter is pending who does not receive the notice as required by Section 541.154 may file a plea in abatement not later than the 30th day after the date the person files an original answer in the court in which the action is pending.(b)  The court shall abate the action if, after a hearing, the court finds that the person is entitled to an abatement because the claimant did not provide the notice as required by Section 541.154.(c)  An action is automatically abated without a court order beginning on the 11th day after the date a plea in abatement is filed if the plea:(1)  is verified and alleges that the person against whom the action is pending did not receive the notice as required by Section 541.154;  and(2)  is not controverted by an affidavit filed by the claimant before the 11th day after the date the plea in abatement is filed.(d)  An abatement under this section continues until the 60th day after the date notice is provided in compliance with Section 541.154.(e)  This section does not apply if Section 541.154(c) applies.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.156 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 541 - Unfair Methods of Competition and Unfair or Deceptive Acts or Practices|Subchapter D. Private Action for Damages|Section 541.156. Settlement Offer

Sec. 541.156.  SETTLEMENT OFFER.  (a)  A person who receives notice provided under Section 541.154 or 542A.003 may make a settlement offer during a period beginning on the date notice under Section 541.154 or 542A.003 is received and ending on the 60th day after that date.(b)  In addition to the period described by Subsection (a), the person may make a settlement offer during a period:(1)  if mediation is not conducted under Section 541.161, beginning on the date an original answer is filed in the action and ending on the 90th day after that date;  or(2)  if mediation is conducted under Section 541.161, beginning on the day after the date the mediation ends and ending on the 20th day after that date.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 1, eff. September 1, 2017.|