Section 101.106 - Criminal Penalty(a) A person, including an insurer, who intentionally, knowingly, or recklessly violates Section 101.102 commits an offense.(b) An offense under this section is a felony of the third degree.(c) It is a defense to prosecution under this section that Section 101.051 or 101.052, as applicable, by its terms does not apply to the person charged.Amended By Acts 2005, 79th Leg., Ch. 819, Sec. 1, eff. 6/17/2005.