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.