BILL ANALYSIS S.B. 1667 By: Sibley Economic Development 4-29-95 Committee Report (Unamended) BACKGROUND The state auditor recommends raising the limit for claims settled by the receiver of an insolvent insurer, instead of the court, from $1,000 to $10,000, because the cost of having legal counsel draft the application and then having a hearing before the court to approve relatively small dollar amount transactions was perceived as cost ineffective and a docket burden. PURPOSE As proposed, S.B. 1667 raises the limit for claims settled by the receiver of an insolvent insurer; requires the attorney general to defend in any action brought against the receiver, a special deputy of the receiver, or the commissioner of insurance. 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. Amends Section 2(g), Article 21.28, Insurance Code, to authorize the receiver to compromise or compound a debt or claim or sell property upon such terms as he or she may deem for the best interest of the insurer without obtaining approval of the court, whenever the amount of a debt or claim owed by or owing to an insurer or the value of any item of property of the insurer does not exceed $10,000, rather than $1,000, exclusive of interest. Authorizes the receiver, subject to the approval of the court and the commissioner of insurance (commissioner), rather than the State Board of Insurance, as required by this code, to sell or otherwise dispose of the charter or license of the insurer separate and apart from its outstanding liabilities. SECTION 2. Amends Section 2, Article 21.28, Insurance Code, by adding Subsection (j), as follows: (j) Immunity; Attorney General Representation. (1) Provides that there is no liability on the part of and no cause of action of any nature arises against, the receiver or its agents and employees, a special deputy receiver or its agents or employees, or the commissioner or the commissioner's agents or employees for any good faith action or failure to act in the performance of powers and duties under this article. (2) Requires the attorney general to defend any action to which Subdivision (1) applies that is brought against the receiver or its agents or employees, a special deputy receiver or its agents or employees, or the commissioner or the commissioner's agents or employees. Provides that this subsection continues to apply to an action instituted after the defendant's service with the receiver, a special deputy receiver, the commissioner, or the Department of Insurance has terminated or after the close of the receivership out of which the action arises. Provides that this subsection does not require the attorney general to defend any person or entity with respect to an issue other than the applicability or effect of the judicial immunity created by Subdivision (1). SECTION 3. Emergency clause. Effective date: upon passage.