By: Brimer H.B. No. 145 73R1595 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to liability under a homeowners insurance policy for a 1-3 tort committed by an adult against a child. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is 1-6 amended by adding Article 21.49-5 to read as follows: 1-7 Art. 21.49-5. EXCLUSION FROM COVERAGE UNDER HOMEOWNERS 1-8 POLICY FOR CERTAIN TORT LIABILITY. (a) A policy of homeowners 1-9 insurance that is delivered, issued for delivery, or renewed in 1-10 this state may exclude coverage for the liability of an adult 1-11 insured under the policy for personal injury, including death, 1-12 intentionally caused by the adult to a child of that adult or to 1-13 another child residing in the same household as that adult if the 1-14 child elects to bring suit against the adult for recovery of 1-15 damages resulting from the injury. 1-16 (b) The State Board of Insurance may adopt rules, policy 1-17 forms, and endorsements as necessary to implement this article. 1-18 SECTION 2. This Act takes effect September 1, 1993, and 1-19 applies only to a policy of homeowners insurance that is delivered, 1-20 issued for delivery, or renewed on or after January 1, 1994. A 1-21 policy that is delivered, issued for delivery, or renewed before 1-22 January 1, 1994, is governed by the law as it existed immediately 1-23 before the effective date of this Act, and that law is continued in 1-24 effect for that purpose. 2-1 SECTION 3. The importance of this legislation and the 2-2 crowded condition of the calendars in both houses create an 2-3 emergency and an imperative public necessity that the 2-4 constitutional rule requiring bills to be read on three several 2-5 days in each house be suspended, and this rule is hereby suspended.