By Henderson S.B. No. 1587
74R7252 PB-F
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, Texas Catastrophe Property Insurance
1-7 Pool Act (Article 21.49, Insurance Code), is amended to read as
1-8 follows:
1-9 Sec. 10. IMMUNITY FROM LIABILITY. There is <shall be> no
1-10 liability on the part of and no cause of action of any nature
1-11 arises <shall arise> against a director of the association, the
1-12 Board or any of its staff, the Association or its officers, agents,
1-13 or employees, or against any participating insurer or its officers,
1-14 directors, agents, or employees, for any act or omission in the
1-15 performance of powers and duties under this Act or the
1-16 association's plan of operation. Immunity from liability under
1-17 this section does not extend to any act or omission that:
1-18 (1) is not <inspections made under the plan of
1-19 operation or any statements made> in good faith; or
1-20 (2) involves intentional misconduct or a knowing
1-21 violation of the law <by them in any reports or communications
1-22 concerning risks submitted to the Association, or at any
1-23 administrative hearings conducted in connection therewith under the
1-24 provisions of this Act>.
2-1 SECTION 2. This Act takes effect September 1, 1995, and
2-2 applies to a cause of action that accrues on or after that date. A
2-3 cause of action that accrues before that date is governed by the
2-4 law in effect immediately before the effective date of this Act,
2-5 and the former law is continued in effect for that purpose.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.