Texas Insurance Code
Sec. § 101.105
Civil Penalty; Injunctive Relief


(a)

A person or entity, including an insurer, that violates this chapter or Chapter 226 (Unauthorized and Independently Procured Insurance Premium Tax) is subject to a civil penalty of not more than $10,000 for each act of violation and for each day of violation.

(b)

The commissioner may request that the attorney general institute a civil suit in a district court in Travis County for injunctive relief to restrain a person or entity, including an insurer, from continuing a violation or threat of violation described by Section 101.103 (Powers of Commissioner; Remedies for Certain Conduct)(a). On application for injunctive relief and a finding that a person or entity, including an insurer, is violating or threatening to violate this chapter or Chapter 226 (Unauthorized and Independently Procured Insurance Premium Tax), the district court shall grant the injunctive relief and issue an injunction without bond.

(c)

On request by the commissioner, the attorney general shall institute and conduct a civil suit in the name of the state for injunctive relief, to recover a civil penalty, or for both injunctive relief and a civil penalty, as authorized under this subchapter.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1274, Sec. 15, eff. April 1, 2005.
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Last accessed
Jul. 10, 2020