By: Brimer H.B. No. 803 73R4195 PB-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to liability under a homeowners insurance policy for 1-3 certain injuries. 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 LIABILITY. (a) A policy of homeowners 1-9 insurance that is delivered, issued for delivery, or renewed in 1-10 this state must exclude coverage for the liability of a person 1-11 insured under the policy for bodily injury, including death, and 1-12 for emotional distress, mental anguish, or similar emotional 1-13 injury, to another person insured under the same policy, whether 1-14 due to intentional, reckless, or negligent conduct. 1-15 (b) The State Board of Insurance may adopt rules, policy 1-16 forms, and endorsements as necessary to implement this article. 1-17 SECTION 2. (a) This Act takes effect September 1, 1993, and 1-18 applies only to a policy of homeowners insurance that is delivered, 1-19 issued for delivery, or renewed on or after January 1, 1994. A 1-20 policy that is delivered, issued for delivery, or renewed before 1-21 January 1, 1994, is governed by the law as it existed immediately 1-22 before the effective date of this Act, and that law is continued in 1-23 effect for that purpose. 1-24 (b) Article 21.49-5, Insurance Code, as added by this Act, 2-1 may not be construed to prohibit or amend any exclusion from 2-2 coverage contained in forms approved by the State Board of 2-3 Insurance existing on the effective date of this Act. 2-4 SECTION 3. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended.