By Duncan H.B. No. 354
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to insurance for a charitable organization.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 84.007(g), Civil Practice and Remedies
1-5 Code, is amended to read as follows:
1-6 (g) Sections 84.005 and 84.006 of this Act do not apply to
1-7 any charitable organization that does not have liability insurance
1-8 coverage in effect on any act or omission to which this chapter
1-9 applies. The coverage shall apply to the acts or omissions of the
1-10 organization and its employees and volunteers and be in the amount
1-11 of at least $500,000 for each person and $1,000,000 for each single
1-12 occurrence for death or bodily injury and $100,000 for each single
1-13 occurrence for injury to or destruction of property. The coverage
1-14 may be provided under a contract of insurance or other plan of
1-15 insurance authorized by statute and may be satisfied by the
1-16 purchase of a $1,000,000 bodily injury and property damage combined
1-17 single limit policy. Nothing in this chapter shall limit liability
1-18 of any insurer or insurance plan in an action under Chapter 21,
1-19 Insurance Code, or in an action for bad faith conduct, breach of
1-20 fiduciary duty, or negligent failure to settle a claim.
1-21 SECTION 2. Article 5.01, Insurance Code, is amended by
1-22 adding Subsection (g) to read as follows:
1-23 (g) The commissioner may establish by rule a classification
1-24 of risk applicable to motor vehicles used for limited purposes by
2-1 nonprofit organizations. If a classification of risk is
2-2 established under this subsection, the commissioner shall adopt
2-3 rules to classify risks and define the limited uses permissible for
2-4 motor vehicles insured under the classification. The commissioner
2-5 may not adopt rules under this subsection that result in insurance
2-6 premium rates for nonprofit organizations exceeding the insurance
2-7 premium rates of other analogous classifications of risk applicable
2-8 to motor vehicles used by entities other than nonprofit
2-9 organizations. In this subsection, "nonprofit organization" means
2-10 any organization exempt from federal income tax under Section
2-11 501(a) of the Internal Revenue Code of 1986 by being listed as an
2-12 exempt organization in Section 501(c)(3) or (c)(4) of that code.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.