BILL ANALYSIS H.B. 2256 By: Shields (Madla) Economic Development 05-17-95 Senate Committee Report (Unamended) BACKGROUND The first viatical company appeared in 1988. Under a viatical settlement agreement, an investor buys the life insurance policy of someone terminally ill for less than the face value, becomes the beneficiary and makes money when the person dies. In return, the terminally ill person receives a large amount of cash, usually 50 to 80 percent of the policy depending on his or her life expectancy. Cancer patients make up about 10 percent of these participants. The industry has grown rapidly with the onset of AIDS. PURPOSE As proposed, H.B. 2256 repeals Article 3.50-6A, Insurance Code, relating to viatical settlements. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Repealer: Article 3.50-6A, Insurance Code (Viatical settlements). SECTION 2 Emergency clause. Effective date: upon passage.