75R12659 DLF-F                           
         By Gray, Smith                                        H.B. No. 2700
         Substitute the following for H.B. No. 2700:
         By Hilbert                                        C.S.H.B. No. 2700
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the administrative review of class action lawsuits
 1-3     involving insurers or related entities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 1.10, Insurance Code, is amended by
 1-6     adding Section 21 to read as follows:
 1-7           21.  ADMINISTRATION OF CLASS ACTION PROCEEDINGS.  (a)  A
 1-8     plaintiff, on commencement of a lawsuit filed in a court of
 1-9     competent jurisdiction of this state that is brought against an
1-10     insurer or other holder of a certificate of authority issued by the
1-11     department and that seeks procedural treatment as a class action,
1-12     shall notify the commissioner by certified mail, return receipt
1-13     requested, mailed not later than the 14th day after the date on
1-14     which the cause of action commences.  The notice must include all
1-15     pertinent information concerning the lawsuit, including the court
1-16     and cause number, the identity of each party, the wrongdoing or
1-17     harm alleged, and the damages sought.  Failure to give the notice
1-18     required by this subsection abates the lawsuit until the court
1-19     determines that proper notice has been given under this subsection.
1-20     Notice shall be considered proper if a copy of the original
1-21     pleadings are served on the commissioner or the commissioner's duly
1-22     appointed representative.
1-23           (b)  The commissioner shall review each lawsuit filed in this
1-24     state as a class action proceeding with respect to which the
 2-1     commissioner receives notice under this section and in which an
 2-2     insurer or other holder of a certificate of authority issued by the
 2-3     department is a party defendant.  Pending this review by the
 2-4     commissioner, and as provided by Subsection (c) of this section, a
 2-5     pending cause of action shall be abated on the motion of the
 2-6     commissioner for a period not to exceed 75 days if the motion to
 2-7     abate is filed not later than the 30th day after the date notice is
 2-8     received by the commissioner under Subsection (a) of this section.
 2-9           (c)  If, during the abatement period provided by Subsection
2-10     (b) of this section, the commissioner issues an order involving one
2-11     or more insurers or certificate holders that the court determines
2-12     results in full restitution to an affected class or subclass of
2-13     insureds, the class action, or an appropriate portion of the class
2-14     action, shall be dismissed for that affected class or subclass of
2-15     insureds as regards those insurers or certificate holders.  That
2-16     dismissal is without prejudice to the refiling of an individual
2-17     lawsuit or claim concerning the same subject matter against those
2-18     insurers or certificate holders for any additional damages allowed
2-19     by law.
2-20           (d)  If the commissioner issues an order that the court
2-21     determines results in full restitution to the affected insureds,
2-22     the court shall award as attorney's fees on behalf of the class to
2-23     be paid by the applicable insurers in an amount not less than 15
2-24     percent or more than 25 percent of the amount paid in restitution.
2-25     An award of attorney's fees under this subsection is in addition to
2-26     the amount ordered to be paid as restitution.
2-27           SECTION 2.  This Act applies only to a lawsuit that is
 3-1     commenced on or after the effective date of this Act.  A lawsuit
 3-2     that is commenced before the effective date of this Act is governed
 3-3     by the law as it existed immediately before the effective date of
 3-4     this Act, and that law is continued in effect for that purpose.
 3-5           SECTION 3.  This Act takes effect September 1, 1997.
 3-6           SECTION 4.  The importance of this legislation and the
 3-7     crowded condition of the calendars in both houses create an
 3-8     emergency and an imperative public necessity that the
 3-9     constitutional rule requiring bills to be read on three several
3-10     days in each house be suspended, and this rule is hereby suspended.