Tex. Ins. Code Section 651.166
Taking, Receiving, or Charging Unauthorized Amount

(a)

Taking or receiving from an insured or the charging of an insured by an insurance premium finance company of a charge greater than authorized by this chapter does not invalidate:

(1)

the premium finance agreement; or

(2)

the principal balance payable under the agreement.

(b)

An action described by Subsection (a) may be adjudged a forfeiture of all charges that:

(1)

are authorized under the premium finance agreement; or

(2)

the insured has agreed to pay.

(c)

A person who pays an unauthorized charge or the person’s legal representative may bring an action against the insurance premium finance company to recover twice the total amount of the charge paid. The action must be brought within two years after the date the unauthorized charge is paid.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Source: Section 651.166 — Taking, Receiving, or Charging Unauthorized Amount, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­651.­htm#651.­166 (accessed May 26, 2025).

651.001
Definitions 651.002
Certain Conduct Not Engaging in Business as Insurance Premium Finance Company 651.003
Rules 651.004
Employment of Examiners and Investigators 651.005
Deposit and Use of Fees 651.006
Assessments 651.007
Applicability of Consumer Credit Protection Act and Regulation Z 651.008
Authority of Certain Property and Casualty Agents to Charge Interest to Certain Persons 651.051
License Required 651.052
License Fee 651.053
Entitlement of Banks and Savings and Loan Associations to License 651.054
Application for License 651.055
Refusal to Issue License 651.056
Notice of Action on Application 651.057
Issuance of License 651.058
Reciprocal License 651.059
Issuance of Multiple Licenses 651.060
Single Business Location Authorized by License 651.061
Appearance of License 651.062
Transfer or Assignment of License Prohibited 651.063
Term of License 651.064
Procedure for License Renewal 651.065
Staggered Renewal System 651.101
Books, Accounts, and Records 651.102
Annual Report 651.103
Business Name 651.104
Business Location 651.105
Relocation of Place of Business 651.106
Business Premises 651.107
Engaging in Business by Mail or Outside the Community 651.108
Certain Charges Prohibited 651.109
Limitations on Rates and Charges 651.110
Limitations on Certain Inducements or Sharing of Profits and Fees 651.111
Deceptive Advertising Prohibited 651.151
Required Form and Contents of Premium Finance Agreement 651.152
Other Required Contents 651.153
Form of Disclosures 651.154
Consolidation of Increase Attributable to Amendment of Rate Classification 651.155
Responsibilities of Insurance Agent 651.156
Taking of Incomplete Premium Finance Agreement Prohibited 651.157
Perfection of Premium Finance Agreement as Secured Transaction: Filing Not Required 651.158
Prepayment and Refund 651.159
Default Charge 651.160
Power of Attorney 651.161
Cancellation of Insurance Contract 651.162
Return of Unearned Premiums and Commissions 651.163
Assignment of Premium Finance Agreement 651.164
Restrictions on Premium Finance Agreements 651.165
Required Notice of Certain Premium Finance Agreements 651.166
Taking, Receiving, or Charging Unauthorized Amount 651.167
Effect of License Revocation, Suspension, or Surrender on Premium Finance Agreement 651.201
Examinations and Investigations of License Holders 651.202
Confidentiality of Reports and Related Material 651.203
Hearings and Investigations 651.204
Revocation or Suspension of License 651.205
Issuance of Revocation or Suspension Order 651.206
Surrender of License 651.207
License Reinstatement 651.208
Offense 651.209
Sanctions
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Verified:
May 26, 2025

§ 651.166. Taking, Receiving, or Charging Unauthorized Amount's source at texas​.gov