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.