S.B. No. 391
AN ACT
1-1 relating to recovery from certain insureds of payments made by the
1-2 Texas Property and Casualty Insurance Guaranty Association.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 11, Article 21.28-C,
1-5 Insurance Code, is amended to read as follows:
1-6 (b) The association is entitled to recover from the
1-7 following persons the amount of any covered claim paid on behalf of
1-8 that person under this Act:
1-9 (1) any insured, other than an insured who is exempt
1-10 from federal income tax under Section 501(a) of the Internal
1-11 Revenue Code of 1986 (26 U.S.C. Section 501(a)) by being described
1-12 by Section 501(c)(3) of that code, whose net worth on December 31
1-13 of the year next preceding the date the insurer becomes an impaired
1-14 insurer exceeds $50 million and whose liability obligations to
1-15 other persons under a policy or contract of insurance written,
1-16 issued, and placed in force after January 1, 1992, are satisfied in
1-17 whole or in part by payments made under this Act; and
1-18 (2) any person who is an affiliate of the impaired
1-19 insurer and whose liability obligations to other persons are
1-20 satisfied in whole or in part by payments made under this Act.
1-21 SECTION 2. The change in law made by this Act does not apply
1-22 to a recovery under Section 11, Article 21.28-C, Insurance Code,
1-23 that has been reduced to a final judgment before the effective date
1-24 of this Act.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended,
2-6 and that this Act take effect and be in force from and after its
2-7 passage, and it is so enacted.