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.