reglab/housing_qa huggingface dataset:
TX Ins Code § 541.261 (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 F. Class Actions by Attorney General or Private Individual|Section 541.261. Notice of Class Action

Sec. 541.261.  NOTICE OF CLASS ACTION.  (a)  If an action is permitted as a class action under this subchapter, the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort.(b)  The notice must contain a statement that:(1)  the court will exclude from the class a notified member if the member requests exclusion by a specified date;(2)  the judgment, whether favorable or not, includes all members who do not request exclusion;  and(3)  a member who does not request exclusion may enter an appearance through counsel.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.262 (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 F. Class Actions by Attorney General or Private Individual|Section 541.262. Procedures in Class Action

Sec. 541.262.  PROCEDURES IN CLASS ACTION.  In a class action under this subchapter, the court may make appropriate orders:(1)  determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument;(2)  requiring, for the protection of the members of the class or otherwise for the fair conduct of the action, that notice be given in a manner the court directs to some or all of the members or the attorney general of:(A)  any step in the action;(B)  the proposed extent of the judgment;  or(C)  the opportunity for members to:(i)  signify whether the members consider the representation to be fair and adequate;(ii)  intervene and present claims or defenses;  or(iii)  otherwise come into the action;(3)  imposing conditions on the representative parties or intervenors;(4)  requiring that the pleadings be amended to eliminate allegations relating to representation of absent persons, and that the action proceed accordingly;  or(5)  dealing with similar procedural matters.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.263 (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 F. Class Actions by Attorney General or Private Individual|Section 541.263. Effect of Settlement Offer

Sec. 541.263.  EFFECT OF SETTLEMENT OFFER.  (a)  Damages may not be awarded to a class under this subchapter if, not later than the 30th day after the date the intended defendant receives notice under Section 541.255, the intended defendant provides to the plaintiff by certified or registered mail, return receipt requested, a written settlement offer.(b)  The settlement offer must include:(1)  a statement that all persons similarly situated have been adequately identified or a reasonable effort to identify those persons has been made;(2)  a description of the class identified and the method used to identify that class;(3)  a statement that all persons identified have been notified that, on request, the intended defendant will provide relief to those persons and all others similarly situated;(4)  a complete explanation of the relief being afforded;(5)  a copy of the notice or communication the intended defendant is providing to the members of the class;(6)  a statement that the relief being afforded the consumer has been or, if the offer is accepted by the consumer, will be given within a stated reasonable time;  and(7)  a statement that the practice complained of has ceased.(c)  Except as provided by Subsection (d), an attempt to comply with this section by a person receiving a demand is:(1)  an offer to compromise;(2)  not admissible as evidence;  and(3)  not an admission of engaging in an unlawful act or practice.(d)  A defendant may introduce evidence of compliance or an attempt to comply with this section for the purpose of:(1)  establishing good faith;  or(2)  showing compliance with this section.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.264 (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 F. Class Actions by Attorney General or Private Individual|Section 541.264. Defenses

Sec. 541.264.  DEFENSES.  Damages may not be awarded in a class action under this subchapter if the defendant:(1)  proves that the action complained of resulted from a bona fide error, notwithstanding the use of reasonable procedures adopted to avoid an error;  and(2)  made restitution of any consideration received from any member of the class.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.265 (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 F. Class Actions by Attorney General or Private Individual|Section 541.265. Limitations Period for Damages

Sec. 541.265.  LIMITATIONS PERIOD FOR DAMAGES.  In a class action under this subchapter, damages may not include any damages incurred more than two years before the date the action is commenced.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.266 (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 F. Class Actions by Attorney General or Private Individual|Section 541.266. Disposition

Sec. 541.266.  DISPOSITION.  (a)  A class action under this subchapter may not be dismissed, settled, or compromised without the approval of the court.(b)  Notice of the proposed dismissal, settlement, or compromise shall be given to all members of the class in the manner the court directs.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.267 (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 F. Class Actions by Attorney General or Private Individual|Section 541.267. Contents of Judgment; Notice

Sec. 541.267.  CONTENTS OF JUDGMENT;  NOTICE.  (a)  The judgment in a class action under this subchapter must describe those to whom the notice under Section 541.261 was directed and who have not requested exclusion and those the court finds to be members of the class.(b)  The court shall direct to the members of the class the best notice of the judgment practicable under the circumstances, including individual notice to each member who can be identified through reasonable effort.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.301 (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 G. Department Action for Refund of Premiums|Section 541.301. Refund of Premiums

Sec. 541.301.  REFUND OF PREMIUMS.  (a)  After notice and hearing as provided in Subchapter C, the department may require a person to make an accounting under Subsection (b):(1)  in connection with a method of competition or act or practice that is the basis of a cease and desist order issued under Section 541.108;  or(2)  on application of an aggrieved person, in connection with a determination by the department that the aggrieved person and other persons similarly situated were induced to purchase an insurance policy as a result of the person engaging in a method of competition or act or practice in violation of:(A)  this chapter or a rule adopted under this chapter;  or(B)  Section 17.46, Business & Commerce Code.(b)  A person required to make an accounting under this section must account for all premiums collected for policies issued by the person during the preceding two years in connection with the acts in violation of this chapter described by Subsection (a)(1) or (2).(c)  The department may require the person described by Subsection (a) to:(1)  give notice to all persons from whom the premiums were collected;  and(2)  refund the total of all premiums collected from each person who elects to accept a premium refund in exchange for cancellation of the insurance policy issued.(d)  A person who refunds premiums under this section shall deduct from the amount of premiums refunded the amount of benefits actually paid by the person while the insurance policy was in force.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.302 (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 G. Department Action for Refund of Premiums|Section 541.302. Time to Make Refunds

Sec. 541.302.  TIME TO MAKE REFUNDS.  The department shall specify a reasonable time within which a person required to make premium refunds under Section 541.301 must make the refunds.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.303 (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 G. Department Action for Refund of Premiums|Section 541.303. Sanction

Sec. 541.303.  SANCTION.  (a)  The department may report to the attorney general a person's failure to comply with the department's requirement to refund premiums within the time specified under Section 541.302.  The department may request that the attorney general file an action to enforce the department's requirement to refund premiums.(b)  Venue for the action is in a district court in Travis County.(c)  The court shall enter an appropriate order to enforce the department's requirement to refund premiums if the court finds that:(1)  the requirement was lawfully entered;  and(2)  the person failed to comply with the requirement.(d)  The court may enforce its order through contempt proceedings.(e)  The sanction provided by this section is in addition to any other sanctions provided in this code or other applicable laws.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.304 (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 G. Department Action for Refund of Premiums|Section 541.304. Evidentiary Use of Compliance or Attempt to Comply

Sec. 541.304.  EVIDENTIARY USE OF COMPLIANCE OR ATTEMPT TO COMPLY.  (a)  Compliance or an attempt to comply with the department's requirement to refund premiums is:(1)  an offer to compromise;(2)  not admissible as evidence;  and(3)  not an admission of engaging in an unlawful act or practice.(b)  A defendant may introduce evidence of compliance or an attempt to comply with the department's requirement for the purpose of:(1)  establishing good faith;  or(2)  showing compliance with the department's requirement.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.351 (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 H. Assurance of Voluntary Compliance|Section 541.351. Acceptance of Assurance

Sec. 541.351.  ACCEPTANCE OF ASSURANCE.  (a)  In administering this chapter, the department may accept assurance of voluntary compliance from a person who is engaging in, has engaged in, or is about to engage in an act or practice in violation of:(1)  this chapter or a rule adopted under this chapter;  or(2)  Section 17.46, Business & Commerce Code.(b)  The assurance must be in writing and be filed with the department.(c)  The department may condition acceptance of an assurance of voluntary compliance on the stipulation that the person offering the assurance restore to a person in interest money that may have been acquired by the act or practice described in Subsection (a).|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.352 (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 H. Assurance of Voluntary Compliance|Section 541.352. Effect of Assurance

Sec. 541.352.  EFFECT OF ASSURANCE.  (a)  An assurance of voluntary compliance is not an admission of a prior violation of:(1)  this chapter or a rule adopted under this chapter;  or(2)  Section 17.46, Business & Commerce Code.(b)  Unless an assurance of voluntary compliance is rescinded by agreement, a subsequent failure to comply with the assurance is prima facie evidence of a violation of:(1)  this chapter or a rule adopted under this chapter;  or(2)  Section 17.46, Business & Commerce Code.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.353 (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 H. Assurance of Voluntary Compliance|Section 541.353. Reopening

Sec. 541.353.  REOPENING.  A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.354 (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 H. Assurance of Voluntary Compliance|Section 541.354. Right to Bring Action Not Affected

Sec. 541.354.  RIGHT TO BRING ACTION NOT AFFECTED.  An assurance of voluntary compliance does not affect the right of an individual to bring an action under this chapter, except that the right of an individual in relation to money received according to a stipulation under Section 541.351(c) is governed by the terms of the assurance.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.401 (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 I. Rulemaking|Section 541.401. Rulemaking Authority

Sec. 541.401.  RULEMAKING AUTHORITY.  (a)  The commissioner may adopt and enforce reasonable rules the commissioner determines necessary to accomplish the purposes of this chapter.(b)  Notwithstanding a previous definition or interpretation of a term used in this chapter contained in or derived from the common law or other statutory law of this state, the commissioner may adopt an express provision necessary to accomplish the purposes of this chapter, including a provision the commissioner considers necessary to:(1)  achieve necessary uniformity with the laws of other states or the United States;  or(2)  conform to the adopted procedures of the National Association of Insurance Commissioners.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.402 (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 I. Rulemaking|Section 541.402. Petition

Sec. 541.402.  PETITION.  (a)  A petition may be submitted to the commissioner to adopt, amend, or repeal a rule.  The petition must be:(1)  signed by 100 interested persons;  and(2)  supported by evidence that:(A)  a particular act or practice has been or could be false, misleading, or deceptive to the insurance buying public;  or(B)  an act or practice defined by department rule to be false, misleading, or deceptive is not false, misleading, or deceptive.(b)  Not later than the 30th day after the date the department receives the petition, the department shall:(1)  deny the petition as provided by Section 541.403;  or(2)  initiate hearing proceedings under Section 541.404.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.403 (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 I. Rulemaking|Section 541.403. Denial of Petition

Sec. 541.403.  DENIAL OF PETITION.  (a)  The department must state in writing the reason for denying a petition to adopt, amend, or repeal a rule.(b)  The department is expressly authorized to deny the petition if the action sought would:(1)  destroy uniformity with the laws of other states or the United States;  or(2)  not conform to the adopted procedures of the National Association of Insurance Commissioners.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.404 (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 I. Rulemaking|Section 541.404. Hearing on Petition

Sec. 541.404.  HEARING ON PETITION.  (a)  A hearing held by the department in response to a petition to adopt, amend, or repeal a rule must be open to the public.(b)  At the hearing, any person may present to the department in writing or orally testimony, data, or other information regarding the act or practice under consideration.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.405 (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 I. Rulemaking|Section 541.405. Judicial Review of Department Action

Sec. 541.405.  JUDICIAL REVIEW OF DEPARTMENT ACTION.  (a)  A person aggrieved by the denial of a petition under Section 541.402 or the adoption, amendment, or repeal of or failure to adopt a rule under this subchapter may file a petition in a district court in Travis County for:(1)  a declaratory judgment on the validity or applicability of an adopted, amended, or repealed rule;  or(2)  review of the denial of a petition under Section 541.402.(b)  The commissioner must be made a party to the action.(c)  An action of the commissioner under this subchapter in adopting, amending, repealing, or failing to adopt a rule or denying a petition may be invalidated only if the court finds that the action:(1)  violates a constitutional or state statutory provision;(2)  exceeds the commissioner's statutory authority;(3)  is arbitrary or capricious or characterized by abuse of discretion or unwarranted exercise of discretion;(4)  is so vague that it does not establish sufficiently definite standards to which conduct can be conformed;(5)  is made following unlawful procedure;  or(6)  is clearly erroneous in view of the reliable, probative, and substantial evidence in the whole record as submitted.(d)  The court may issue an injunction in an action under this section.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.451 (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 J. Construction of Chapter With Other Laws|Section 541.451. Liability Under Other Law

Sec. 541.451.  LIABILITY UNDER OTHER LAW.  An order of the department under this chapter or an order by a court to enforce that order does not relieve or absolve a person affected by either order from liability under another law of this state.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.452 (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 J. Construction of Chapter With Other Laws|Section 541.452. Powers in Addition to Other Powers Authorized by Law

Sec. 541.452.  POWERS IN ADDITION TO OTHER POWERS AUTHORIZED BY LAW.  The powers vested in the department and the commissioner by this chapter are in addition to any other powers to enforce a penalty, fine, or forfeiture authorized by law with respect to a method of competition or act or practice defined as unfair or deceptive.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.453 (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 J. Construction of Chapter With Other Laws|Section 541.453. Double Recovery Prohibited

Sec. 541.453.  DOUBLE RECOVERY PROHIBITED.  A person may not recover damages and penalties for the same act or practice under both this chapter and another law.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.454 (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 J. Construction of Chapter With Other Laws|Section 541.454. Penalties and Related Payments by Insurer

Sec. 541.454.  PENALTIES AND RELATED PAYMENTS BY INSURER.  (a)  Civil penalties, premium refunds, judgments, compensatory judgments, individual recoveries, orders, class action awards, costs, damages, or attorney's fees assessed or awarded under this chapter:(1)  may be paid only from the capital or surplus funds of the offending insurer; and(2)  may not take precedence over, be in priority to, or in any other manner apply to:(A)  Chapter 462 or 463 or any other insurance guaranty act; or(B)  Chapter 422.(b)  The statutes described by Subsection (a)(2) and the priorities of funds created by those statutes are exempt from the provisions of this chapter.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2D.006, eff. April 1, 2009.|