reglab/housing_qa huggingface dataset:
TX Ins Code § 541.157 (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 541.157. Contents of Settlement Offer

Sec. 541.157.  CONTENTS OF SETTLEMENT OFFER.  A settlement offer made by a person against whom a claim under this subchapter is pending must include an offer to pay the following amounts, separately stated:(1)  an amount of money or other consideration, reduced to its cash value, as settlement of the claim for damages;  and(2)  an amount of money to compensate the claimant for the claimant's reasonable and necessary attorney's fees incurred as of the date of the offer.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.158 (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 541.158. Rejection of Settlement Offer

Sec. 541.158.  REJECTION OF SETTLEMENT OFFER.  (a)  A settlement offer is rejected unless both parts of the offer required under Section 541.157 are accepted by the claimant not later than the 30th day after the date the offer is made.(b)  A settlement offer made by a person against whom a claim under this subchapter is pending that complies with this subchapter and is rejected by the claimant may be filed with the court accompanied by an affidavit certifying the offer's rejection.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.159 (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 541.159. Limit on Recovery After Settlement Offer

Sec. 541.159.  LIMIT ON RECOVERY AFTER SETTLEMENT OFFER.  (a)  If the court finds that the amount stated in the settlement offer for damages under Section 541.157(1) is the same as, substantially the same as, or more than the amount of damages found by the trier of fact, the claimant may not recover as damages any amount in excess of the lesser of:(1)  the amount of damages stated in the offer;  or(2)  the amount of damages found by the trier of fact.(b)  If the court makes the finding described by Subsection (a), the court shall determine reasonable and necessary attorney's fees to compensate the claimant for attorney's fees incurred before the date and time the rejected settlement offer was made.  If the court finds that the amount stated in the offer for attorney's fees under Section 541.157(2) is the same as, substantially the same as, or more than the amount of reasonable and necessary attorney's fees incurred by the claimant as of the date of the offer, the claimant may not recover any amount of attorney's fees in excess of the amount of fees stated in the offer.(c)  This section does not apply if the court finds that the offering party:(1)  could not perform the offer at the time the offer was made;  or(2)  substantially misrepresented the cash value of the offer.(d)  The court shall award:(1)  damages as required by Section 541.152 if Subsection (a) does not apply;  and(2)  attorney's fees as required by Section 541.152 if Subsection (b) does not apply.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.160 (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 541.160. Effect of Settlement Offer

Sec. 541.160.  EFFECT OF SETTLEMENT OFFER.  A settlement offer is not an admission of engaging in an act or practice defined by Subchapter B to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.161 (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 541.161. Mediation

Sec. 541.161.  MEDIATION.  (a)  A party may, not later than the 90th day after the date a pleading seeking relief under this subchapter is served, file a motion to compel mediation of the dispute in the manner provided by this section.(b)  The court shall, not later than the 30th day after the date a motion under this section is filed, sign an order setting the time and place of the mediation.(c)  The court shall appoint a mediator if the parties do not agree on a mediator.(d)  The mediation must be held not later than the 30th day after the date the order is signed, unless:(1)  the parties agree otherwise;  or(2)  the court determines that additional time not to exceed 30 days is warranted.(e)  Each party who has appeared in the action, except as agreed to by all parties who have appeared, shall:(1)  participate in the mediation;  and(2)  except as provided by Subsection (f), share the mediation fee.(f)  A party may not compel mediation under this section if the amount of actual damages claimed is less than $15,000 unless the party seeking to compel mediation agrees to pay the costs of the mediation.(g)  Except as provided by this section, the following apply to the appointment of a mediator and the mediation process provided by this section:(1)  Section 154.023, Civil Practice and Remedies Code;  and(2)  Subchapters C and D, Chapter 154, Civil Practice and Remedies Code.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.162 (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 541.162. Limitations Period

Sec. 541.162.  LIMITATIONS PERIOD.  (a)  A person must bring an action under this chapter before the second anniversary of the following:(1)  the date the unfair method of competition or unfair or deceptive act or practice occurred;  or(2)  the date the person discovered or, by the exercise of reasonable diligence, should have discovered that the unfair method of competition or unfair or deceptive act or practice occurred.(b)  The limitations period provided by Subsection (a) may be extended for 180 days if the person bringing the action proves that the person's failure to bring the action within that period was caused by the defendant's engaging in conduct solely calculated to induce the person to refrain from or postpone bringing the action.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.201 (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 E. Enforcement by Attorney General|Section 541.201. Injunctive Relief

Sec. 541.201.  INJUNCTIVE RELIEF.  (a)  The attorney general may bring an action under this section if the attorney general has reason to believe that:(1)  a person engaged in the business of insurance in this state is engaging in, has engaged in, or is about to engage in an act or practice defined as unlawful under:(A)  this chapter or a rule adopted under this chapter;  or(B)  Section 17.46, Business & Commerce Code;  and(2)  the action is in the public interest.(b)  The attorney general may bring the action in the name of the state to restrain by temporary or permanent injunction the person's use of the method, act, or practice.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.202 (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 E. Enforcement by Attorney General|Section 541.202. Venue for Injunctive Action

Sec. 541.202.  VENUE FOR INJUNCTIVE ACTION.  An action for an injunction under this subchapter may be commenced in a district court in:(1)  the county in which the person against whom the action is brought:(A)  resides;(B)  has the person's principal place of business;  or(C)  is engaging in business;(2)  the county in which the transaction or a substantial portion of the transaction occurred;  or(3)  Travis County.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.203 (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 E. Enforcement by Attorney General|Section 541.203. Issuance of Injunction

Sec. 541.203.  ISSUANCE OF INJUNCTION.  (a)  The court may issue an appropriate temporary or permanent injunction.(b)  The court shall issue the injunction without bond.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.204 (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 E. Enforcement by Attorney General|Section 541.204. Civil Penalty

Sec. 541.204.  CIVIL PENALTY.  In addition to requesting a temporary or permanent injunction under Section 541.201, the attorney general may request a civil penalty of not more than $10,000 for each violation on a finding by the court that the defendant has engaged in or is engaging in an act or practice defined as unlawful under:(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 § 541.205 (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 E. Enforcement by Attorney General|Section 541.205. Compensation or Restoration

Sec. 541.205.  COMPENSATION OR RESTORATION.  The court may make an additional order or judgment as necessary to compensate an identifiable person for actual damages or for restoration of money or property that may have been acquired by means of an enjoined act or practice.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.206 (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 E. Enforcement by Attorney General|Section 541.206. Civil Penalty for Violation of Injunction

Sec. 541.206.  CIVIL PENALTY FOR VIOLATION OF INJUNCTION.  (a)  A person who violates an injunction issued under this subchapter is liable for and shall pay to the state a civil penalty of not more than $10,000 for each violation.(b)  The attorney general may, in the name of the state, petition the court for recovery of the civil penalty against the person who violates the injunction.(c)  The court shall consider the maintenance of procedures reasonably adapted to ensure compliance with the injunction in determining whether a person has violated an injunction.(d)  The court issuing the injunction retains jurisdiction and the cause is continued for the purpose of assessing a civil penalty under this section.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.207 (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 E. Enforcement by Attorney General|Section 541.207. Remedies Not Exclusive

Sec. 541.207.  REMEDIES NOT EXCLUSIVE.  The remedies provided by this subchapter are:(1)  not exclusive;  and(2)  in addition to any other remedy or procedure provided by another law or at common law.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.251 (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 541.251. Class Action Authorized

Sec. 541.251.  CLASS ACTION AUTHORIZED.  (a)  If a member of the insurance buying public has been damaged by an unlawful method, act, or practice defined in Subchapter B as an unlawful deceptive trade practice, the department may request the attorney general to bring a class action or the individual damaged may bring an action on the individual's own behalf and on behalf of others similarly situated to recover damages and obtain relief as provided by this subchapter.(b)  A class action may not be maintained under this subchapter if the department and attorney general have initiated an action under Subchapter G or an action under that subchapter has resulted in a final determination regarding the same act or practice and the same defendant in the action under this subchapter.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.252 (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 541.252. Recovery

Sec. 541.252.  RECOVERY.  A plaintiff who prevails in a class action under this subchapter may recover:(1)  court costs and attorney's fees reasonable in relation to the amount of work expended in addition to actual damages;(2)  an order enjoining the act or failure to act;  and(3)  any other relief the court determines is proper.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.253 (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 541.253. Frivolous Action

Sec. 541.253.  FRIVOLOUS ACTION.  The court may award to the defendant court costs and reasonable attorney's fees in relation to the work expended on a finding by the court that a class action under this subchapter was brought by an individual plaintiff in bad faith or for the purpose of harassment.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.254 (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 541.254. Statute of Limitations Tolled

Sec. 541.254.  STATUTE OF LIMITATIONS TOLLED.  The filing of a class action under this subchapter tolls the statute of limitations for bringing an action by an individual under Section 541.162.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.255 (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 541.255. Prior Notice

Sec. 541.255.  PRIOR NOTICE.  (a)  Not later than the 31st day before the date a class action for damages is commenced under this subchapter, the prospective plaintiff must:(1)  notify the intended defendant of the complaint;  and(2)  demand that the defendant provide relief to the prospective plaintiff and others similarly situated.(b)  The notice must be in writing and be sent by certified or registered mail, return receipt requested, to:(1)  the place where the transaction occurred;(2)  the intended defendant's principal place of business in this state;  or(3)  if notice to the place described by Subdivision (1) or (2) does not effect notice, the office of the secretary of state.(c)  A copy of the notice must also be sent to the commissioner.(d)  A class action for injunctive relief may be commenced under this subchapter without complying with Subsection (a).(e)  A plaintiff in a class action for injunctive relief under this subchapter may, on or after the 31st day after the date the action is commenced and after complying with Subsection (a), amend the complaint without leave of court to include a request for damages.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.256 (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 541.256. Prerequisites to Class Action

Sec. 541.256.  PREREQUISITES TO CLASS ACTION.  The court shall permit one or more members of a class to sue or be sued as representative parties on behalf of the class only if:(1)  the class is so numerous that joinder of all members is impracticable;(2)  there are questions of law or fact common to the class;(3)  the claims or defenses of the representative parties are typical of the claims or defenses of the class;  and(4)  the representative parties will fairly and adequately protect the interests of the class.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.257 (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 541.257. Class Actions Maintainable

Sec. 541.257.  CLASS ACTIONS MAINTAINABLE.  (a)  An action may be maintained as a class action under this subchapter if the prerequisites of Section 541.256 are satisfied and, in addition:(1)  the prosecution of separate actions by or against individual members of the class would create a risk of:(A)  inconsistent or varying adjudications with respect to individual members of the class that would establish incompatible standards of conduct for the party opposing the class;  or(B)  adjudication with respect to individual members of the class that would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests;(2)  the party opposing the class has acted or refused to act on grounds generally applicable to the class, making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole;  or(3)  the court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.(b)  Matters pertinent to a finding under Subsection (a)(3) include:(1)  the interest of members of the class in individually controlling the prosecution or defense of separate actions;(2)  the extent and nature of any litigation concerning the controversy already commenced by or against members of the class;(3)  the desirability or undesirability of concentrating the litigation of the claims in the particular forum;  and(4)  the difficulties likely to be encountered in the management of a class action.(c)  In construing this section, the courts of this state shall be guided by the decisions of the federal courts interpreting Rule 23, Federal Rules of Civil Procedure, as amended.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.258 (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 541.258. Class Actions: Issues and Subclasses Authorized

Sec. 541.258.  CLASS ACTIONS:  ISSUES AND SUBCLASSES AUTHORIZED.  When appropriate, an action may be brought or maintained as a class action under this subchapter with respect to particular issues or a class may be divided into subclasses and each subclass treated as a class, and the provisions of this subchapter shall be construed and applied accordingly.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.259 (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 541.259. Determination Regarding Whether Class Action May Be Maintained

Sec. 541.259.  DETERMINATION REGARDING WHETHER CLASS ACTION MAY BE MAINTAINED.  (a)  As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be maintained as a class action under this subchapter.(b)  An order under this section may be altered or amended before a decision on the merits.(c)  An order determining whether the action may be maintained as a class action under this subchapter is an interlocutory order that is appealable.  The procedures applicable to accelerated appeals in the Texas Rules of Appellate Procedure apply to the appeal.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|
TX Ins Code § 541.260 (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 541.260. Effect of Denial of Class Action

Sec. 541.260.  EFFECT OF DENIAL OF CLASS ACTION.  A court order denying that an action under this subchapter may be brought as a class action does not affect whether an individual may bring the same or a similar action under Subchapter D.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.|