Texas Insurance Code 823.501 – Offense of Violating Chapter
Current as of: 2024 | Check for updates
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(a) A person commits an offense if the person is an insurer or individual and wilfully violates this chapter.
(b) If the person is an insurer, an offense under Subsection (a) is a misdemeanor punishable by a fine not to exceed $50,000 for each violation.
Terms Used In Texas Insurance Code 823.501
- Fraud: Intentional deception resulting in injury to another.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
(c) If the person is an individual, an offense under Subsection (a) is a misdemeanor punishable by a fine not to exceed $10,000 for each violation except as provided by Subsection (d) and § 823.502.
(d) An offense under Subsection (a) is a felony if the person is an individual and the violation involves the deliberate perpetration of a fraud on the department, an insurer, an insurer’s subsidiary, or policyholders. The felony is punishable by:
(1) imprisonment for a term not to exceed five years;
(2) a fine not to exceed $10,000 for each violation; or
(3) both fine and imprisonment under this subsection.
(e) A fine under this section is in addition to any civil or administrative penalty.
(f) An individual on whom a fine is imposed under this section shall pay the fine in that person’s individual capacity.