reglab/housing_qa huggingface dataset:
TX Ins Code § 524.004 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle B - Consumer Service Provisions|Chapter 524 - Health Coverage Awareness and Education Program|Section 524.004. Task Force

Sec. 524.004.  TASK FORCE.  (a)  The commissioner shall appoint a task force to make recommendations regarding the health coverage public awareness and education program.  The task force is composed of:(1)  one representative from each of the following groups or entities:(A)  health benefit coverage consumers;(B)  small employers;(C)  employers generally;(D)  insurance agents;(E)  the office of public insurance counsel;(F)  the Texas Health Insurance Risk Pool;(G)  physicians;(H)  advanced practice nurses;(I)  hospital trade associations; and(J)  medical units of institutions of higher education;(2)  a representative of the Health and Human Services Commission responsible for programs under Medicaid and the children's health insurance program; and(3)  one or more representatives of health benefit plan issuers.(b)  The department shall consult the task force regarding the content for the public service announcements, Internet website, and educational materials required by this chapter.  The commissioner has authority to make final decisions as to what the program's materials will contain.|Added by Acts 2005, 79th Leg., Ch. 688 (S.B. 261), Sec. 1, eff. June 17, 2005.|
TX Ins Code § 524.005 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle B - Consumer Service Provisions|Chapter 524 - Health Coverage Awareness and Education Program|Section 524.005. Funding

Sec. 524.005.  FUNDING.  The department may accept gifts and grants from any party, including a health benefit plan issuer or a foundation associated with a health benefit plan issuer, to assist with funding the program.  The department shall adopt rules governing acceptance of donations that are consistent with Chapter 575, Government Code.  Before adopting rules under this subsection, the department shall:(1)  submit the proposed rules to the Texas Ethics Commission for review; and(2)  consider the commission's recommendations regarding the regulations.|Added by Acts 2005, 79th Leg., Ch. 688 (S.B. 261), Sec. 1, eff. June 17, 2005.|
TX Ins Code § 525.001 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle B - Consumer Service Provisions|Chapter 525 - Delivery of Insurance Policies|Section 525.001. Applicability of Chapter

Sec. 525.001.  APPLICABILITY OF CHAPTER.  This chapter applies to:(1)  an insurer, as defined by Section 2301.051, writing personal automobile insurance or residential property insurance, as defined by Section 2301.051, in this state;(2)  the Texas Windstorm Insurance Association;(3)  the FAIR Plan Association; and(4)  the Texas Automobile Insurance Plan Association.|Added by Acts 2015, 84th Leg., R.S., Ch. 254 (S.B. 956), Sec. 1, eff. September 1, 2015.|
TX Ins Code § 525.002 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle B - Consumer Service Provisions|Chapter 525 - Delivery of Insurance Policies|Section 525.002. Delivery of Insurance Policies

Sec. 525.002.  DELIVERY OF INSURANCE POLICIES.  (a)  Except as provided by Subsection (b), an insurer to whom this chapter applies shall deliver a policy issued by the insurer to the policyholder, or to the insurer's agent for delivery to the policyholder:(1)  not later than: (A)  the 30th day after the effective date of the policy if the policy term is more than 30 days; or(B)  the 10th day after the effective date of the policy if the policy term is more than 10 days and less than 31 days; or(2)  within the policy period for a policy with a term of 10 days or less.(b)  An insurer to whom this chapter applies shall deliver a policy renewed or amended by the insurer to the policyholder, or to the insurer's agent for delivery to the policyholder, not later than the 15th day after the date the insurer or insurer's agent receives a written request from the policyholder that the policy be delivered to the policyholder.|Added by Acts 2015, 84th Leg., R.S., Ch. 254 (S.B. 956), Sec. 1, eff. September 1, 2015.|
TX Ins Code § 525.003 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle B - Consumer Service Provisions|Chapter 525 - Delivery of Insurance Policies|Section 525.003. Rulemaking Authority

Sec. 525.003.  RULEMAKING AUTHORITY.  The commissioner may adopt rules to implement this chapter.|Added by Acts 2015, 84th Leg., R.S., Ch. 254 (S.B. 956), Sec. 1, eff. September 1, 2015.|
TX Ins Code § 542A.001 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542A - Certain Consumer Actions Related to Claims for Property Damage|Section 542A.001. Definitions

Sec. 542A.001.  DEFINITIONS.  In this chapter:(1)  "Agent" means an employee, agent, representative, or adjuster who performs any act on behalf of an insurer.(2)  "Claim" means a first-party claim that:(A)  is made by an insured under an insurance policy providing coverage for real property or improvements to real property;(B)  must be paid by the insurer directly to the insured; and(C)  arises from damage to or loss of covered property caused, wholly or partly, by forces of nature, including an earthquake or earth tremor, a wildfire, a flood, a tornado, lightning, a hurricane, hail, wind, a snowstorm, or a rainstorm.(3)  "Claimant" means a person making a claim.(4)  "Insurer" means a corporation, association, partnership, or individual, other than the Texas Windstorm Insurance Association, engaged as a principal in the business of insurance and authorized or eligible to write property insurance in this state, including:(A)  an insurance company;(B)  a reciprocal or interinsurance exchange;(C)  a mutual insurance company;(D)  a capital stock insurance company;(E)  a county mutual insurance company;(F)  a farm mutual insurance company;(G)  a Lloyd's plan;(H)  an eligible surplus lines insurer; or(I)  the FAIR Plan Association, unless a claim-related dispute resolution procedure is available to policyholders under Chapter 2211.(5)  "Person" means a corporation, association, partnership, or other legal entity or individual.|Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.|
TX Ins Code § 542A.002 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542A - Certain Consumer Actions Related to Claims for Property Damage|Section 542A.002. Applicability of Chapter

Sec. 542A.002.  APPLICABILITY OF CHAPTER.  (a)  Except as provided by Subsection (b), this chapter applies to an action on a claim against an insurer or agent, including:(1)  an action alleging a breach of contract;(2)  an action alleging negligence, misrepresentation, fraud, or breach of a common law duty; or(3)  an action brought under:(A)  Subchapter D, Chapter 541;(B)  Subchapter B, Chapter 542; or(C)  Subchapter E, Chapter 17, Business & Commerce Code.(b)  This chapter does not apply to an action against the Texas Windstorm Insurance Association or to an action relating to or arising from a policy ceded to an insurer by the Texas Windstorm Insurance Association under Subchapter O, Chapter 2210.  This chapter applies to an action that relates to or arises from a policy renewed under Section 2210.703.|Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.|
TX Ins Code § 542A.003 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542A - Certain Consumer Actions Related to Claims for Property Damage|Section 542A.003. Notice Required

Sec. 542A.003.  NOTICE REQUIRED.  (a)  In addition to any other notice required by law or the applicable insurance policy, not later than the 61st day before the date a claimant files an action to which this chapter applies in which the claimant seeks damages from any person, the claimant must give written notice to the person in accordance with this section as a prerequisite to filing the action.(b)  The notice required under this section must provide:(1)  a statement of the acts or omissions giving rise to the claim;(2)  the specific amount alleged to be owed by the insurer on the claim for damage to or loss of covered property; and(3)  the amount of reasonable and necessary attorney's fees incurred by the claimant, calculated by multiplying the number of hours actually worked by the claimant's attorney, as of the date the notice is given and as reflected in contemporaneously kept time records, by an hourly rate that is customary for similar legal services.(c)  If an attorney or other representative gives the notice required under this section on behalf of a claimant, the attorney or representative shall:(1)  provide a copy of the notice to the claimant; and(2)  include in the notice a statement that a copy of the notice was provided to the claimant.(d)  A presuit notice under Subsection (a) is not required if giving notice is impracticable because:(1)  the claimant has a reasonable basis for believing there is insufficient time to give the presuit notice before the limitations period will expire; or(2)  the action is asserted as a counterclaim.(e)  To ensure that a claimant is not prejudiced by having given the presuit notice required by this chapter, a court shall dismiss without prejudice an action relating to the claim for which notice is given by the claimant and commenced:(1)  before the 61st day after the date the claimant provides presuit notice under Subsection (a);(2)  by a person to whom presuit notice is given under Subsection (a); and(3)  against the claimant giving the notice.(f)  A claimant who gives notice in accordance with this chapter is not relieved of the obligation to give notice under any other applicable law.  Notice given under this chapter may be combined with notice given under any other law.(g)  Notice given under this chapter is admissible in evidence in a civil action or alternative dispute resolution proceeding relating to the claim for which the notice is given.(h)  The giving of a notice under this chapter does not provide a basis for limiting the evidence of attorney's fees, damage, or loss a claimant may offer at trial.|Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.|
TX Ins Code § 542A.004 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542A - Certain Consumer Actions Related to Claims for Property Damage|Section 542A.004. Inspection

Sec. 542A.004.  INSPECTION.  Not later than the 30th day after receiving a presuit notice given under Section 542A.003(a), a person to whom notice is given may send a written request to the claimant to inspect, photograph, or evaluate, in a reasonable manner and at a reasonable time, the property that is the subject of the claim.  If reasonably possible, the inspection, photography, and evaluation must be completed not later than the 60th day after the date the person receives the presuit notice.|Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.|
TX Ins Code § 542A.005 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542A - Certain Consumer Actions Related to Claims for Property Damage|Section 542A.005. Abatement

Sec. 542A.005.  ABATEMENT.  (a)  In addition to taking any other act allowed by contract or by any other law, a person against whom an action to which this chapter applies is pending 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 if the person:(1)  did not receive a presuit notice complying with Section 542A.003; or(2)  requested under Section 542A.004 but was not provided a reasonable opportunity to inspect, photograph, or evaluate the property that is the subject of the claim.(b)  The court shall abate the action if the court finds that the person filing the plea in abatement:(1)  did not, for any reason, receive a presuit notice complying with Section 542A.003; or(2)  requested under Section 542A.004 but was not provided a reasonable opportunity to inspect, photograph, or evaluate the property that is the subject of the claim.(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:(A)  did not receive a presuit notice complying with Section 542A.003; or(B)  requested under Section 542A.004 but was not provided a reasonable opportunity to inspect, photograph, or evaluate the property that is the subject of the claim; 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 affidavit described by Subsection (c)(2) controverting whether the person against whom the action is pending received a presuit notice complying with Section 542A.003 must:(1)  include as an attachment a copy of the document the claimant sent to give notice of the claimant's action; and(2)  state the date on which the notice was given.(e)  An abatement under this section continues until the later of:(1)  the 60th day after the date a notice complying with Section 542A.003 is given; or(2)  the 15th day after the date of the requested inspection, photographing, or evaluating of the property is completed.(f)  If an action is abated under this section, a court may not compel participation in an alternative dispute resolution proceeding until after the abatement period provided by Subsection (e) has expired.|Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.|
TX Ins Code § 542A.007 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 542A - Certain Consumer Actions Related to Claims for Property Damage|Section 542A.007. Award of Attorney's Fees

Sec. 542A.007.  AWARD OF ATTORNEY'S FEES.  (a)  Except as otherwise provided by this section, the amount of attorney's fees that may be awarded to a claimant in an action to which this chapter applies is the lesser of:(1)  the amount of reasonable and necessary attorney's fees supported at trial by sufficient evidence and determined by the trier of fact to have been incurred by the claimant in bringing the action;(2)  the amount of attorney's fees that may be awarded to the claimant under other applicable law; or(3)  the amount calculated by:(A)  dividing the amount to be awarded in the judgment to the claimant for the claimant's claim under the insurance policy for damage to or loss of covered property by the amount alleged to be owed on the claim for that damage or loss in a notice given under this chapter; and(B)  multiplying the amount calculated under Paragraph (A) by the total amount of reasonable and necessary attorney's fees supported at trial by sufficient evidence and determined by the trier of fact to have been incurred by the claimant in bringing the action.(b)  Except as provided by Subsection (d), the court shall award to the claimant the full amount of reasonable and necessary attorney's fees supported at trial by sufficient evidence and determined by the trier of fact to have been incurred by the claimant in bringing the action if the amount calculated under Subsection (a)(3)(A) is:(1)  greater than or equal to 0.8;(2)  not limited by this section or another law; and(3)  otherwise recoverable under law.(c)  The court may not award attorney's fees to the claimant if the amount calculated under Subsection (a)(3)(A) is less than 0.2.(d)  If a defendant in an action to which this chapter applies pleads and proves that the defendant was entitled to but was not given a presuit notice stating the specific amount alleged to be owed by the insurer under Section 542A.003(b)(2) at least 61 days before the date the action was filed by the claimant, the court may not award to the claimant any attorney's fees incurred after the date the defendant files the pleading with the court.  A pleading under this subsection must be filed not later than the 30th day after the date the defendant files an original answer in the court in which the action is pending.|Added by Acts 2017, 85th Leg., R.S., Ch. 151 (H.B. 1774), Sec. 3, eff. September 1, 2017.|
TX Ins Code § 550.001 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 550 - Prohibited Practices Relating to Payments|Section 550.001. Solicitation or Collection of Certain Payments

Sec. 550.001.  SOLICITATION OR COLLECTION OF CERTAIN PAYMENTS.  (a)  An insurer or an insurer's agent or sponsoring organization may not solicit or collect, in connection with an application for insurance or the issuance of a policy, a payment other than:(1)  a premium;(2)  a tax;(3)  a finance charge;(4)  a policy fee;(5)  an agent fee;(6)  a service fee, including a charge for costs described by Section 4005.003;(7)  an inspection fee;  or(8)  membership dues in a sponsoring organization.(b)  The commissioner by rule shall permit a sponsoring organization to solicit a voluntary contribution with a membership renewal solicitation if the membership renewal solicitation is separate from an insurance billing.(c)  Except as otherwise provided by statute, an insurer may require that membership dues in its sponsoring organization be paid as a condition for issuance or renewal of an insurance policy.(d)  Criminal penalties for a violation of this section are the same as criminal penalties provided for a violation under Subchapter K, Chapter 823.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 550.002 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 550 - Prohibited Practices Relating to Payments|Section 550.002. Increase in Certain Premium Payments

Sec. 550.002.  INCREASE IN CERTAIN PREMIUM PAYMENTS.  (a)  In this section:(1)  "Account" means a person's account in a financial institution.(2)  "Financial institution" means a state or national bank, a state or federal savings and loan association or corporation, or a state or federal credit union.(3)  "Insurer" means a person or entity engaged in the business of insurance in this state as described by Chapter 101.  The term includes a person or entity engaged in the business of surplus lines insurance in this state.(4)  "Person" means an insured, a policy or certificate holder, or an owner of an insurance policy or certificate.(b)  An insurer receiving automatic premium payments through withdrawal of funds from a person's account, including an escrow account, as authorized by that person to pay premiums on insurance coverage provided through that insurer, may not increase the amount of funds to be withdrawn from the account to pay premiums on that coverage unless  the insurer, not later than the 30th day before the effective date of the increase in the premium payment amount, notifies the person of the increase by mailing a notice through the United States Postal Service.(b-1)  The notice must include the insurer's toll-free telephone number, mailing address, and electronic mail address, if applicable, through which the person may object to the increase described by Subsection (b).  An objection made by the policyholder through a telephone call, mail, or electronic mail constitutes a valid objection for purposes of this section.(b-2)  The insurer may increase the amount of funds to be withdrawn from the account only if the insurer does not receive a valid objection to the increase on or before the fifth day before the date on which the increase is scheduled to take effect.(c)  This section does not require an insurer to notify a person of an increase in a premium payment amount if:(1)  the insurance contract or certificate:(A)  when issued contains a schedule of increasing premiums;(B)  expressly specifies the exact amount of each premium;  and(C)  specifies the period for which each premium is payable;  or(2)  the increase is the result of a change ordered by the insured.(d)  This section does not apply to an increase in a premium payment that is less than $10 or 10 percent of the previous amount per month.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1167 (H.B. 3221), Sec. 1, eff. June 19, 2009.|
TX Ins Code § 552.001 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 552 - Illegal Pricing Practices|Section 552.001. Applicability of Chapter

Sec. 552.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter does not apply to the provision of a health care service to a:(1)  Medicaid or Medicare patient or a patient who is covered by a federal, state, or local government-sponsored indigent health care program;(2)  financially or medically indigent person who qualifies for indigent health care services based on:(A)  a sliding fee scale; or(B)  a written charity care policy established by a health care provider; or(3)  person who is not covered by a health insurance policy or other health benefit plan that provides benefits for the services and qualifies for services for the uninsured based on a written policy established by a health care provider.(b)  This chapter does not permit the establishment of health care provider policies or contracts that violate any other state or federal law.(c)  This chapter does not prohibit a health care provider from entering into a contract to provide services covered by a health insurance policy or other health benefit plan with:(1)  the issuer of the health insurance policy or other health benefit plan; or(2)  a preferred provider organization that contracts with the issuer of the health insurance policy or other health benefit plan.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2005, 79th Leg., Ch. 724 (S.B. 500), Sec. 1, eff. June 17, 2005.|
TX Ins Code § 552.002 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 552 - Illegal Pricing Practices|Section 552.002. Fraudulent Insurance Act

Sec. 552.002.  FRAUDULENT INSURANCE ACT.  An offense under Section 552.003 is a fraudulent insurance act under Chapter 701.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 552.003 (2021)
2021 Texas Statutes|Insurance Code|Title 5 - Protection of Consumer Interests|Subtitle C - Deceptive, Unfair, and Prohibited Practices|Chapter 552 - Illegal Pricing Practices|Section 552.003. Charging Different Prices; Offense

Sec. 552.003.  CHARGING DIFFERENT PRICES;  OFFENSE.  (a)  A person commits an offense if:(1)  the person knowingly or intentionally charges two different prices for providing the same product or service;  and(2)  the higher price charged is based on the fact that an insurer will pay all or part of the price of the product or service.(b)  An offense under this section is a Class B misdemeanor.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|