By Sims S.B. No. 948
74R6153 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to liability insurance required for certain licensed
1-3 facilities that provide care for children 24 hours a day.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.0491(a), Human Resources Code, is
1-6 amended to read as follows:
1-7 (a) A license holder shall maintain liability insurance
1-8 coverage in the amount of $300,000 for each occurrence of
1-9 negligence. An insurance policy or contract required under this
1-10 section must cover injury to a child that occurs while the child is
1-11 on the premises of the license holder or in the care of the license
1-12 holder. For a facility that provides or will provide care 24 hours
1-13 a day, an insurance policy or contract required under this section
1-14 must also cover bodily injury, death, or property damage arising
1-15 from the conduct of a child on the premises of the facility or in
1-16 the care of the facility without regard to whether the facility may
1-17 be held liable for the conduct under law.
1-18 SECTION 2. Section 3(b), Article 21.49-18, Insurance Code,
1-19 is amended to read as follows:
1-20 (b) The pool may provide primary liability coverage to a
1-21 child-care facility in an amount not to exceed $300,000. The
1-22 primary liability coverage shall provide the additional coverage
1-23 required under Section 42.0491(a), Human Resources Code, for a
1-24 facility that provides or will provide care 24 hours a day. The
2-1 pool may provide excess liability coverage to a child-care facility
2-2 only in an amount determined by the board to be actuarially sound.
2-3 The pool is liable on any claim only to the limit provided by the
2-4 coverage of the child-care facility against which the claim is
2-5 made.
2-6 SECTION 3. This Act takes effect September 1, 1995, and
2-7 applies only to an insurance policy that is delivered, issued for
2-8 delivery, or renewed on or after September 1, 1995. A policy that
2-9 is delivered, issued for delivery, or renewed before September 1,
2-10 1995, is governed by the law as it existed immediately before the
2-11 effective date of this Act, and that law is continued in effect for
2-12 that purpose.
2-13 SECTION 4. 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.