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.