Tex. Ins. Code Section 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 (Texas Property and Casualty Insurance Guaranty Association) or 463 (Texas Life and Health Insurance Guaranty Association) or any other insurance guaranty act; or

(B)

Chapter 422 (Asset Protection Act).

(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.

Source: Section 541.454 — Penalties and Related Payments by Insurer, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­541.­htm#541.­454 (accessed Jun. 5, 2024).

541.001
Purpose 541.002
Definitions 541.003
Unfair Methods of Competition and Unfair or Deceptive Acts or Practices Prohibited 541.004
Venue for Actions Involving Department or Commissioner 541.005
Applicability to Risk Retention or Purchasing Group 541.006
Prohibited Content of Certain Insurance Policies 541.007
Immunity from Prosecution 541.008
Liberal Construction 541.051
Misrepresentation Regarding Policy or Insurer 541.052
False Information and Advertising 541.053
Defamation of Insurer 541.054
Boycott, Coercion, or Intimidation 541.055
False Financial Statement 541.056
Prohibited Rebates and Inducements 541.057
Unfair Discrimination in Life Insurance and Annuity Contracts 541.058
Certain Practices Not Considered Discrimination or Inducement 541.059
Deceptive Name, Word, Symbol, Device, or Slogan 541.060
Unfair Settlement Practices 541.061
Misrepresentation of Insurance Policy 541.082
Advertising and Internet Websites 541.083
Advertisements to Certain Associations 541.084
Advertisements Relating to Medicare Program 541.085
Advertisements Relating to Preferred Provider Benefit Plans 541.086
Advertising Regarding Guaranteed Renewable Coverage 541.101
Examination and Investigation 541.102
Statement of Charges 541.103
Hearing 541.104
Hearing Procedures 541.105
Record of Hearing 541.106
Compliance with Subpoena 541.107
Determination of Violation 541.108
Cease and Desist Order 541.109
Modification or Setting Aside of Order 541.110
Administrative Penalty 541.111
Civil Penalty for Violation of Cease and Desist Order 541.151
Private Action for Damages Authorized 541.152
Damages, Attorney’s Fees, and Other Relief 541.153
Frivolous Action 541.154
Prior Notice of Action 541.155
Abatement 541.156
Settlement Offer 541.157
Contents of Settlement Offer 541.158
Rejection of Settlement Offer 541.159
Limit on Recovery After Settlement Offer 541.160
Effect of Settlement Offer 541.161
Mediation 541.162
Limitations Period 541.201
Injunctive Relief 541.202
Venue for Injunctive Action 541.203
Issuance of Injunction 541.204
Civil Penalty 541.205
Compensation or Restoration 541.206
Civil Penalty for Violation of Injunction 541.207
Remedies Not Exclusive 541.251
Class Action Authorized 541.252
Recovery 541.253
Frivolous Action 541.254
Statute of Limitations Tolled 541.255
Prior Notice 541.256
Prerequisites to Class Action 541.257
Class Actions Maintainable 541.258
Class Actions: Issues and Subclasses Authorized 541.259
Determination Regarding Whether Class Action May Be Maintained 541.260
Effect of Denial of Class Action 541.261
Notice of Class Action 541.262
Procedures in Class Action 541.263
Effect of Settlement Offer 541.264
Defenses 541.265
Limitations Period for Damages 541.266
Disposition 541.267
Contents of Judgment 541.301
Refund of Premiums 541.302
Time to Make Refunds 541.303
Sanction 541.304
Evidentiary Use of Compliance or Attempt to Comply 541.351
Acceptance of Assurance 541.352
Effect of Assurance 541.353
Reopening 541.354
Right to Bring Action Not Affected 541.401
Rulemaking Authority 541.402
Petition 541.403
Denial of Petition 541.404
Hearing on Petition 541.405
Judicial Review of Department Action 541.451
Liability Under Other Law 541.452
Powers in Addition to Other Powers Authorized by Law 541.453
Double Recovery Prohibited 541.454
Penalties and Related Payments by Insurer
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 541.454’s source at texas​.gov