1-1  By:  Ratliff                                           S.B. No. 598
    1-2        (In the Senate - Filed February 16, 1995; February 16, 1995,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  April 20, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 0; April 20, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 598                   By:  Harris
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the payment of claims on certain insurance policies or
   1-11  annuity contracts and to payment of attorney fees under those
   1-12  claims.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  Section 6, Article 21.55, Insurance Code, is
   1-15  amended to read as follows:
   1-16        Sec. 6.  DAMAGES.  In all cases where a claim is made
   1-17  pursuant to a policy of insurance and the insurer liable therefor
   1-18  is not in compliance with the requirements of this article, such
   1-19  insurer shall be liable to pay the holder of the policy, or the
   1-20  beneficiary making a claim under the policy, in addition to the
   1-21  amount of the claim, 18 percent per annum of the amount of such
   1-22  claim as damages,  together with reasonable attorney fees <as may
   1-23  be determined by the trier of fact>.  If suit is filed, such <Such>
   1-24  attorney fees shall be taxed as part of the costs in the case.
   1-25        SECTION 2.  This Act takes effect September 1, 1995.
   1-26        SECTION 3.  The importance of this legislation and the
   1-27  crowded condition of the calendars in both houses create an
   1-28  emergency and an imperative public necessity that the
   1-29  constitutional rule requiring bills to be read on three several
   1-30  days in each house be suspended, and this rule is hereby suspended.
   1-31                               * * * * *