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.