85R10721 LED-D     By: Davis of Dallas H.B. No. 2394       A BILL TO BE ENTITLED   AN ACT   relating to the award of damages in certain civil actions against   certain entities regulated under the Insurance Code.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 5, Insurance Code, is amended by adding   Subtitle H to read as follows:   SUBTITLE H. CIVIL ACTIONS AGAINST REGULATED ENTITIES   CHAPTER 761. DAMAGES IN CERTAIN CIVIL ACTIONS          Sec. 761.001.  APPLICABILITY OF CHAPTER. This chapter   applies to each entity regulated by the commissioner, including an   entity listed in Section 802.051.          Sec. 761.002.  DAMAGES IN CERTAIN CIVIL ACTIONS. In   addition to any other damages, including exemplary damages, costs,   and fees awarded, a court shall award to a claimant who prevails in   a civil action against an entity described by Section 761.001   arising from a claim for coverage or benefits under an insurance   policy or contract or health benefit plan that is written by the   entity exemplary damages in an amount equal to the total amount of   premiums, contributions, or other consideration paid by the   claimant under the policy, contract, or plan in the five years   preceding the date of judgment.          SECTION 2.  The change in law made by this Act applies only   to a cause of action that accrues on or after the effective date of   this Act. A cause of action that accrued before the effective date   of this Act is governed by the law applicable to the cause of action   immediately before the effective date of this Act, and that law is   continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2017.