LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                           May 15, 1995



 TO:     Honorable David Sibley, Chair          IN RE:  House BillNo. 2256,
         Committee on Economic Development                     as engrossed
         Senate                                         By: Shields
         Austin, Texas








FROM: John Keel, Director

In response to your request for a Fiscal Note on House Bill No.
2256 (relating to viatical settlements) this office has
determined the following:

The bill would repeal Article 3.50-6A, Insurance Code, which
assigns the regulation of viatical settlements to the Texas
Department of Insurance.  Attorney General Opinion DM-314
(January 19, 1995) concluded that the provision is an
unconstitutional delegation of authority.  The Texas Department
of Insurance is not presently enforcing Article 3.50-6A and would
not be affected by its repeal.




No fiscal implication to the State or units of local government
is anticipated.
    

    







Source:   LBB Staff: JK, RR