By Hunter of Nueces H.B. No. 2221
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to immunity from liability of directors, officers, agents
1-3 and employees of the Texas Catastrophe Property Insurance
1-4 Association and its participating insurers.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 10, Article 21.49, Insurance Code, is
1-7 amended to read as follows:
1-8 Sec. 10. Immunity From Liability. There is <shall be> no
1-9 liability on the part of and no cause of action of any nature
1-10 arises <shall arise> against a director of the Association
1-11 <association>, the Board or any of its staff, the Association or
1-12 its officers, agents or employees, or <against> any participating
1-13 insurer or its officers, directors, agents or employees, for any
1-14 <inspections made under the plan of operation or any statements
1-15 made in good faith> action or failure to act in the performance of
1-16 powers and duties under this Act or the Association's plan of
1-17 operation except that this immunity from liability and suit does
1-18 not extend to any act or failure to act that is not in good faith
1-19 and that involves intentional misconduct or a knowing violation of
1-20 the law. <by them in any reports or communications concerning
1-21 risks submitted to the Association, or at any administrative
1-22 hearings conducted in connection therewith under the provisions of
1-23 this Act.>
2-1 SECTION 2. This Act takes effect on September 1, 1995.
2-2 SECTION 3. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended
2-7 and that this Act take effect and be in force according to its
2-8 terms, and it is so enacted.