By Brimer, Junell, Counts                             H.B. No. 3575

         75R11393 PB-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the conversion or transfer of the Texas workers'

 1-3     compensation insurance facility.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5                     PART 1.  PRIVATIZATION OF FACILITY

 1-6           SECTION 1.01.  PURPOSE.  The purpose of this part is to

 1-7     provide a means to:

 1-8                 (1)  convert the Texas workers' compensation insurance

 1-9     facility into a stock insurance company and facilitate the transfer

1-10     of control to a third party as provided by this part; and

1-11                 (2)  ensure that the converted facility has full

1-12     authority to enforce the rights of the facility existing

1-13     immediately before the effective date of the conversion without

1-14     impairment or limitation, except as expressly provided by this

1-15     part.

1-16           SECTION 1.02.  DEFINITIONS.  In this part:

1-17                 (1)  "Closing date" means the effective date of the

1-18     closing of the transactions contemplated by a conversion agreement,

1-19     as provided by that agreement, and is the effective date of the

1-20     conversion.

1-21                 (2) "Commission" means the Texas Workers' Compensation

1-22     Commission.

1-23                 (3)  "Commissioner" means the commissioner of

1-24     insurance.

 2-1                 (4)  "Converted facility" means the entity that exists

 2-2     after the facility is converted under this part.

 2-3                 (5)  "Facility" means the Texas workers' compensation

 2-4     insurance facility that was established under Article 5.76-2,

 2-5     Insurance Code.

 2-6                 (6)  "Fund" means the employers' rejected risk fund for

 2-7     providing workers' compensation coverages for rejected risks, as

 2-8     provided by Article 5.76-2, Insurance Code, as that article existed

 2-9     before its repeal.

2-10                 (7)  "Insurer" means a stock company, mutual company,

2-11     reciprocal, or interinsurance exchange, the Texas Workers'

2-12     Compensation Insurance Fund, or a Lloyd's association authorized to

2-13     write workers' compensation insurance in this state.

2-14                 (8)  "Servicing company" means a member of the facility

2-15     or other eligible entity that is designated by the commissioner to

2-16     issue a policy that evidences the insurance coverages provided by

2-17     the fund to a rejected risk and to service the risk as provided by

2-18     Article 5.76-2, Insurance Code, as that article existed before its

2-19     repeal.

2-20           SECTION 1.03.  CONVERSION; CONVERSION EFFECTIVE DATE;

2-21     CONTINGENT TRANSFER.  (a)  If a conversion agreement receives the

2-22     approvals described by Sections 1.04 and 1.05 of this part, the

2-23     facility shall convert from a nonprofit unincorporated association

2-24     to a Texas stock property and casualty insurance company

2-25     incorporated under Chapter 2, Insurance Code, effective on the

2-26     consummation of the transactions contemplated by the agreement.

2-27           (b)  If the required approvals are not obtained or the

 3-1     transactions are not consummated on or before August 31, 1997, the

 3-2     facility may not be converted, and instead, the operation of the

 3-3     facility shall be transferred to the Texas Property and Casualty

 3-4     Insurance Guaranty Association in accordance with Part 2 of this

 3-5     Act.

 3-6           SECTION 1.04.  CONVERSION AGREEMENT.  The facility may enter

 3-7     into an agreement to issue and sell shares of the capital stock

 3-8     created as a result of the conversion described by Section 1.03 of

 3-9     this part.  To take effect, the agreement must be approved by a

3-10     majority of the voting members of the governing committee of the

3-11     facility at a meeting at which a quorum is present.

3-12           SECTION 1.05.  COMMISSIONER APPROVAL.  (a)  On approval under

3-13     Section 1.04 of this part, an agreement shall be submitted to the

3-14     commissioner for approval.  The agreement must be submitted to the

3-15     commissioner not later than June 30, 1997.  The commissioner shall

3-16     review the agreement in the manner provided for review of a filing

3-17     under Article 21.49-1, Insurance Code.

3-18           (b)  If the commissioner approves the agreement, the

3-19     commissioner shall order that the facility be converted.

3-20           SECTION 1.06. EFFECT OF CONVERSION.  (a)  The converted

3-21     facility may exercise all the rights, privileges, powers, and

3-22     authority of any other stock corporation organized to transact

3-23     property and casualty insurance business in this state, subject to

3-24     the requirements of this part.  On the closing date:

3-25                 (1)  the converted facility is considered to be a

3-26     continuation of the facility; and

3-27                 (2)  subject to Section 1.07 of this part, the

 4-1     converted facility is vested with all property of the facility.

 4-2           (b)  The converted facility may enforce all contract and

 4-3     statutory rights of the facility under any servicing company

 4-4     arrangements, and this part may not be construed as an assignment

 4-5     of the facility's rights or obligations under those agreements.

 4-6           (c)  Each debt, claim, and cause of action of the facility,

 4-7     and all property rights, privileges, franchises, and other

 4-8     interests of the facility, remain the property of the converted

 4-9     facility.

4-10           (d)  The rights of all policyholders and creditors and the

4-11     standing of all claims under the facility shall be preserved

4-12     unimpaired under the converted facility.

4-13           (e)  Subject to Section 1.07 of this part, each debt,

4-14     liability, and duty of the facility becomes a debt, liability, or

4-15     duty of the converted facility and may be enforced against the

4-16     converted facility as if it were incurred or contracted by the

4-17     converted facility.

4-18           (f)  A cause of action or similar proceeding in which the

4-19     facility was a party that is pending on the effective date of the

4-20     conversion:

4-21                 (1)  is not affected by the conversion;

4-22                 (2)  may be continued to be prosecuted by or against

4-23     the converted facility; and

4-24                 (3)  continues to be governed by and conducted under

4-25     Article 5.76-2, Insurance Code, as that article existed before its

4-26     repeal, and the applicable bylaws, rules, and regulations of the

4-27     facility, as amended by the converted facility.

 5-1           (g)  The converted facility may not, without the prior

 5-2     consent of the commissioner, amend its bylaws, rules, or

 5-3     regulations in a manner that would reasonably be likely to have a

 5-4     material adverse effect on employees, beneficiaries, or the holders

 5-5     of or insureds under policies issued under Article 5.76, Insurance

 5-6     Code, or under Article 5.76-2, Insurance Code, as that article

 5-7     existed before its repeal.

 5-8           (h)  The converted facility may audit, at the converted

 5-9     facility's expense, the books and records of each company that

5-10     services policies of insurance issued under Article 5.76, Insurance

5-11     Code, or under Article 5.76-2, Insurance Code, as that article

5-12     existed before its repeal.  The audit must be limited to:

5-13                 (1)  the books and records that relate to the policies

5-14     described by this subsection; and

5-15                 (2)  claims paid on behalf of or charged to the

5-16     converted facility.

5-17           SECTION 1.07.  APPLICABLE LAW.  Except as otherwise provided

5-18     by this part, Article 5.76-2, Insurance Code, ceases to apply to

5-19     the facility on the closing date and does not apply to the

5-20     converted facility.  Specifically, neither the converted facility

5-21     nor any other insurer succeeds to the facility's right to assess

5-22     the facility's member insurers under Section 4.04, Article 5.76-2,

5-23     Insurance Code.

5-24           SECTION 1.08.  COMPLIANCE; CAPITALIZATION REQUIREMENTS.  (a)

5-25     The converted facility shall comply with the Insurance Code and

5-26     rules adopted by the commissioner except as otherwise provided by

5-27     this part.  If the converted facility does not issue any policies

 6-1     of insurance after the closing date, the converted facility:

 6-2                 (1)  is exempt from:

 6-3                       (A)  the risk-based capital and surplus

 6-4     regulations adopted under Article 2.02, Insurance Code; and

 6-5                       (B)  the requirements adopted under Article

 6-6     21.45, Insurance Code;

 6-7                 (2)  may discount the reserves for losses and loss

 6-8     adjustment expenses in a manner and to the extent authorized by the

 6-9     commissioner in the order approving the conversion agreement;

6-10                 (3)  may reflect accounts receivable as an admitted

6-11     asset, notwithstanding the regulations adopted under Articles 2.08

6-12     and 2.10, Insurance Code, if those accounts receivable are

6-13     guaranteed by an insurance company authorized to do business in

6-14     this state:

6-15                       (A)  in an amount not to exceed $15 million; and

6-16                       (B)  in a manner and to the extent authorized by

6-17     the commissioner in the order approving the conversion agreement;

6-18     and

6-19                 (4)  may receive full credit for the reinsurance

6-20     contemplated by the conversion agreement to the extent ordered by

6-21     the commissioner, notwithstanding Article 5.75-1, Insurance Code,

6-22     and the rules adopted under that article.

6-23           (b)  The commissioner shall set the capitalization

6-24     requirements of the converted facility in the order approving the

6-25     conversion agreement.

6-26           SECTION 1.09.  FINAL ASSESSMENT.  (a)  The facility, through

6-27     action by its governing committee, may make a final assessment of

 7-1     the insurance carriers licensed in this state in accordance with

 7-2     Section 4.04, Article 5.76-2, Insurance Code, as that section

 7-3     existed before its repeal, and the facility's bylaws, rules, and

 7-4     regulations in the amount that  the governing committee determines

 7-5     is necessary to consummate the transactions contemplated by the

 7-6     conversion agreement.  The final assessment must be made at a time

 7-7     to allow the assessment to be paid in full on or before the closing

 7-8     date.

 7-9           (b)  On or before the closing date, and under terms and

7-10     conditions the governing committee considers necessary or advisable

7-11     to consummate the transactions contemplated by the conversion

7-12     agreement, the governing committee may:

7-13                 (1)  bind the carriers described by Subsection (a) to

7-14     reinsure a portion of the facility's liabilities instead of payment

7-15     of any or all of the final assessment under Subsection (a)  of this

7-16     section; or

7-17                 (2)  defer payment on any or all of the final

7-18     assessment.

7-19           (c)  A reinsurance arrangement approved by the governing

7-20     committee must compute a member insurer's participation in

7-21     reinsurance in the same manner that is used for the computation of

7-22     assessments under Section 4.04, Article 5.76-2, Insurance Code, as

7-23     that section existed before its repeal.

7-24           SECTION 1.10.  IMMUNITY.  The immunity provisions of Sections

7-25     2.05(h) and 2.12, Article 5.76-2, Insurance Code, as those

7-26     provisions existed before their repeal, continue to apply to each

7-27     act or omission that occurs before, on, or after the closing date

 8-1     and that is performed by the persons or entities covered by those

 8-2     provisions, including an act or omission related to the powers and

 8-3     duties contained in this part.

 8-4           SECTION 1.11.  DEFENSE; INDEMNIFICATION.  If any party

 8-5     institutes or continues an action against the facility, or the

 8-6     governing committee, executive director, staff, agents, servants,

 8-7     or employees of the facility, whether or not serving in that

 8-8     capacity on the closing date, in connection with or arising from

 8-9     either the facility's operations or the transactions contemplated

8-10     by the conversion agreement, the converted facility shall defend,

8-11     indemnify, and hold harmless that person or entity from liability

8-12     for any act or omission of that person or entity in connection

8-13     with, or arising from the performance of, the powers and duties

8-14     exercised under Article 5.76-2, Insurance Code, as that article

8-15     existed before its repeal, but only on, and subject to, the terms

8-16     and conditions set forth in the conversion agreement, which must be

8-17     substantially as beneficial to the indemnified person or entity as

8-18     the indemnification set forth in the facility's bylaws in effect on

8-19     the closing date.

8-20           SECTION 1.12.  CONTROLLING LAW.  If a conflict exists between

8-21     this part and any other statute relating to the facility, this part

8-22     controls.

8-23           SECTION 1.13. CONFORMING AMENDMENT.  Article 21.28-C,

8-24     Insurance Code, is amended by adding Sections 26 and 27 to read as

8-25     follows:

8-26           Sec. 26.  COVERAGE FOR WORKERS' COMPENSATION INSURANCE

8-27     POLICIES ISSUED BY TEXAS WORKERS' COMPENSATION INSURANCE FACILITY.

 9-1     (a)  Notwithstanding any other provision of this article, this

 9-2     article applies to each policy of insurance issued under Article

 9-3     5.76 of this code or Article 5.76-2 of this code, as that article

 9-4     existed before its repeal.

 9-5           (b)  Notwithstanding any other provision of this article,

 9-6     after the conversion of the Texas workers' compensation insurance

 9-7     facility to a stock insurance company, that converted facility

 9-8     shall be considered an impaired insurer for purposes of this

 9-9     article if any of the actions described by Section 5(9)(A) or (B)

9-10     of this article occurs to the converted facility.

9-11           (c)  A claim under such an insurance policy is a covered

9-12     claim for purposes of this article if the claim satisfies the

9-13     definition under Section 5(8) of this article, whether or not the

9-14     converted facility:

9-15                 (1)  issued or assumed the policy; or

9-16                 (2)  was licensed to do business in this state at the

9-17     time:

9-18                       (A)  the policy was written; or

9-19                       (B)  the converted facility became an impaired

9-20     insurer.

9-21           (d)  If a conflict exists between this section and any other

9-22     statute relating to the Texas workers' compensation insurance

9-23     facility or the Texas Property and Casualty Insurance Guaranty

9-24     Association, this section controls.

9-25           Sec. 27.  IMMUNITY.  There is no liability on the part of,

9-26     and a cause of action does not arise against, any member insurer of

9-27     the association, the association, an agent or employee of the

 10-1    association, a member of the board of directors of the association,

 10-2    or the commissioner or the commissioner's representative for any

 10-3    act or omission in the performance of any activity related to the

 10-4    negotiations relating to the privatization of the Texas workers'

 10-5    compensation insurance facility.  This section applies to each

 10-6    activity undertaken by such a  person or entity, regardless of the

 10-7    date of the act or omission.

 10-8          SECTION 1.14.  EFFECTIVE DATE FOR PART 1.  This part takes

 10-9    effect immediately.

10-10                       PART 2.  CONTINGENT TRANSFER

10-11          SECTION 2.01.  TRANSFER TO TEXAS PROPERTY AND CASUALTY

10-12    INSURANCE GUARANTY ASSOCIATION; EFFECTIVE DATE.  (a)  If the

10-13    conversion required under Part 1 of this Act does not occur on or

10-14    before August 31, 1997, the Texas Property and Casualty Insurance

10-15    Guaranty Association, on September 1, 1997, shall take control of

10-16    the operations and all of the assets, liabilities, and obligations

10-17    of the Texas workers' compensation insurance facility as provided

10-18    by this part.

10-19          (b)  This part takes effect September 1, 1997, but only if

10-20    the conversion described by Subsection (a) of this section does not

10-21    occur before that date.  If that conversion does occur before that

10-22    date, this part has no effect.

10-23          SECTION 2.02.  CONFORMING AMENDMENT.  Article 21.28-C,

10-24    Insurance Code,  is amended by adding Section 26 to read as

10-25    follows:

10-26          Sec. 26.  TRANSFER OF FACILITY TO ASSOCIATION.  (a)  The

10-27    purpose of this section is to:

 11-1                (1)  provide a means for the transfer of control of the

 11-2    assets, liabilities, and obligations of the Texas workers'

 11-3    compensation insurance facility to the Texas Property and Casualty

 11-4    Insurance Guaranty Association; and

 11-5                (2)  ensure that the association has full authority to

 11-6    enforce the rights of the facility without limitation, except as

 11-7    expressly provided by this section.

 11-8          (b)  In addition to the definitions under Section 5 of this

 11-9    Act, in this section:

11-10                (1)  "Comptroller" means the Texas comptroller of

11-11    public accounts.

11-12                (2)  "Facility" means the Texas workers' compensation

11-13    insurance facility.

11-14                (3)  "Fund" means the Texas Workers' Compensation

11-15    Insurance Fund.

11-16                (4)  "Insurer" means an insurance company licensed to

11-17    do business in this state.

11-18                (5)  "Texas workers' compensation insurance facility

11-19    account" means the account maintained by the association for the

11-20    assets of the facility.

11-21          (c)  The association shall take control of the facility's

11-22    assets, liabilities, and obligations and may administer all of the

11-23    remaining aspects of the facility's operation.  The association has

11-24    full authority to enforce the contract or statutory rights of the

11-25    facility under any servicing company agreements. This section may

11-26    not be construed to be an assignment of the facility's rights or

11-27    obligations under those agreements.

 12-1          (d)  The association shall maintain the Texas workers'

 12-2    compensation insurance facility account separately from the

 12-3    association's accounts described by Section 6 of this Act.  Each

 12-4    claim, expense, or other liability related to the assets,

 12-5    liabilities, and obligations of the facility shall be paid from,

 12-6    and all collections and receipts shall be deposited into, the Texas

 12-7    workers' compensation insurance facility account. Funds in the

 12-8    Texas workers' compensation insurance facility account shall be

 12-9    maintained outside the state treasury.

12-10           (e)  Not later than June 1 of each year, the association

12-11    shall report its operating results for the Texas workers'

12-12    compensation insurance facility account to the commissioner on a

12-13    calendar year premium and an accident year loss basis.

12-14          (f)  For a claim in which the compensable injury occurred

12-15    before January 1, 1992, the association shall compute at least

12-16    annually its results for incurred losses in the Texas workers'

12-17    compensation insurance facility account, including incurred but not

12-18    reported losses, by accident year.  If there is a deficit or

12-19    surplus from the operation of the Texas workers' compensation

12-20    insurance facility account for those claims, the amount of the

12-21    deficit or surplus shall be assessed or rebated to the member

12-22    insurers licensed in this state who were members of the facility

12-23    during the calendar year.  Each member insurer shall pay a

12-24    proportionate share of the total assessment or receive a

12-25    proportionate share of the total rebate based on that insurer's

12-26    portion of the total voluntary workers' compensation insurance

12-27    writings during the calendar year. The fund is not liable for any

 13-1    deficit incurred on a policy with an effective date before January

 13-2    1, 1992.

 13-3          (g)  For claims with an accident date on or after January 1,

 13-4    1992, the association shall compute at least annually its results

 13-5    for incurred losses in the Texas workers' compensation insurance

 13-6    facility account, including incurred but not reported losses, by

 13-7    accident year.  If there is a deficit or surplus from operation of

 13-8    the Texas workers' compensation insurance facility account for

 13-9    those claims, the amount of the deficit or surplus shall be

13-10    assessed or rebated to the member insurers licensed in this state

13-11    who were members of the facility during the calendar year and to

13-12    the fund.  Each member insurer and the fund shall pay a

13-13    proportionate share of the total assessment or receive a

13-14    proportionate share of the total rebate based on its portion of the

13-15    total voluntary workers' compensation insurance writings during the

13-16    calendar year.

13-17          (h)  The association may provide for the redistribution of

13-18    all or part of an assessment that would otherwise be levied on a

13-19    member insurer under Subsection (f) or (g) of this section if the

13-20    member insurer is unable to pay the full assessment because the

13-21    member insurer is in liquidation at the time of the assessment.

13-22          (i)  The association may authorize the deferment of the

13-23    payment of an assessment made under Subsection (f) or (g) of this

13-24    section.  A deferment may be allowed only if the cash flow of the

13-25    Texas workers' compensation insurance facility account is adequate

13-26    to meet all needs.

13-27          (j)  If a member insurer or the fund elects to defer any

 14-1    portion of an assessment as provided by this section, the entire

 14-2    unpaid portion of the assessment and any accrued interest must be

 14-3    shown as a liability on each financial and annual statement of that

 14-4    insurer.

 14-5          (k)  A member insurer may not be allowed a credit against any

 14-6    tax levied by this state as a result of an assessment paid under

 14-7    this section.

 14-8          (l)  The association may invest Texas workers' compensation

 14-9    insurance facility account funds only in investments authorized for

14-10    the investment of state funds as provided by Chapter 404,

14-11    Government Code.  The association shall develop an investment

14-12    policy for the Texas workers' compensation insurance facility

14-13    account and shall submit that policy to the comptroller for review

14-14    and approval.

14-15          (m)  The association shall submit to the commissioner for

14-16    approval a plan of operation to ensure the fair, reasonable, and

14-17    equitable administration of the Texas workers' compensation

14-18    insurance facility account not later than October 1, 1997.  The

14-19    commissioner shall approve or disapprove the association's plan of

14-20    operation of the Texas workers' compensation insurance facility

14-21    account not later than the 60th day after the date on which the

14-22    association submits the plan to the commissioner.

14-23          (n)  If the commissioner does not approve the plan of

14-24    operation, the association shall submit to the commissioner an

14-25    amended plan of operation with any amendments necessary or suitable

14-26    to ensure the fair, reasonable, and equitable administration of the

14-27    Texas workers' compensation insurance facility account.  The plan

 15-1    of operation and any amendments take effect on approval in writing

 15-2    by the commissioner.  If the association fails to submit suitable

 15-3    amendments to the plan, the commissioner, after notice and hearing,

 15-4    shall adopt reasonable rules as necessary or advisable to implement

 15-5    this section.  Those rules shall continue in force until modified

 15-6    by the commissioner or superseded by a plan submitted by the

 15-7    association and approved by the commissioner.

 15-8          (o)  In addition to all immunities and protections otherwise

 15-9    provided by this article, the association succeeds to all rights,

15-10    defenses,  immunities, and liabilities of the facility in each

15-11    cause of action or other proceeding pending by or against the

15-12    facility on September 1, 1997, or filed after that date.  The

15-13    immunity provisions of Sections 2.05(h) and 2.12, Article 5.76-2 of

15-14    this code, as those provisions existed before their repeal,

15-15    continue to apply to each act or omission that occurs before, on,

15-16    or after September 1, 1997, and that is performed by the persons or

15-17    entities covered by those provisions.

15-18          (p)  If any party institutes or continues an action against

15-19    the facility, the governing committee of the facility, the

15-20    executive director of the facility, a member insurer solely in that

15-21    insurer's capacity as a member insurer, or an agent, servant,

15-22    attorney, consultant, or employee of the facility, whether or not

15-23    serving in that capacity on September 1, 1997, in connection with

15-24    or arising from either the facility's operations or  the

15-25    transactions contemplated by this section, the association shall

15-26    defend, indemnify, and hold harmless that person or entity from

15-27    liability for any act or omission of that person or entity in

 16-1    connection with, or arising from the performance of, the person's

 16-2    or entity's powers and duties on behalf of the facility.  A cause

 16-3    of action or other proceeding described by this subsection shall

 16-4    continue to be governed by and conducted under this section and

 16-5    Article 5.76-2 of this code, as that article existed before its

 16-6    repeal, and the applicable bylaws, rules, and regulations of the

 16-7    facility, and those provisions are continued in effect for the

 16-8    purposes of this section.

 16-9          (q)  The association may enter into negotiations for the

16-10    privatization to a single insurer of all the assets, liabilities,

16-11    and obligations  maintained in the Texas workers' compensation

16-12    insurance facility account.  If the association determines that

16-13    privatization under this subsection is in the best interest of this

16-14    state, the association shall obtain the written approval of the

16-15    commissioner before entering into a privatization agreement to

16-16    consummate the applicable transaction.

16-17          (r)  Any net proceeds from the privatization of the Texas

16-18    workers' compensation insurance facility account shall be rebated

16-19    in accordance with Subsection (g) of this section.

16-20          (s)  If an insurer that assumes the assets, liabilities, and

16-21    obligations maintained in the Texas workers' compensation insurance

16-22    facility account under a privatization agreement approved under

16-23    Subsection (q) of this section becomes an impaired insurer after

16-24    that privatization agreement takes effect, any remaining facility

16-25    claims shall be covered claims under this article.

16-26          (t)  If a conflict exists between this section and any other

16-27    statute relating to the facility or the association, this section

 17-1    controls.

 17-2          PART 3.  REPEALER; TRANSITION; EMERGENCY               

 17-3          SECTION 3.01.  REPEALER.  Except as otherwise provided by

 17-4    this Act, the following laws are repealed on the effective date of

 17-5    this Act:

 17-6                (1)  Article 5.76-2, Insurance Code; and

 17-7                (2)  Section 18.24(b), Chapter 12, Acts of the 72nd

 17-8    Legislature, 2nd Called Session, 1991, as amended by Section 8,

 17-9    Chapter 885, Acts of the 73rd Legislature, Regular Session, 1993.

17-10          SECTION 3.02.  SEVERABILITY CLAUSE.  If any provision of this

17-11    Act or the application of this Act to any person or entity or

17-12    circumstance is held invalid by a court of competent jurisdiction,

17-13    that invalidity does not affect other provisions or applications of

17-14    this Act that can be given effect without the invalid provision or

17-15    application, and to this end the provisions of this Act are

17-16    declared to be severable.

17-17          SECTION 3.03.  SAVING CLAUSE.  The repeal of Article 5.76-2,

17-18    Insurance Code, under Section 3.01 of this Act does not affect

17-19    rights and liabilities accruing under that article before the

17-20    effective date of this Act, and that article is continued in effect

17-21    for that purpose and for the purposes expressly provided by this

17-22    Act or Section 26, Article 21.28-C, Insurance Code, as added by

17-23    this Act.

17-24          SECTION 3.04.  EFFECTIVE DATE.  This part takes effect:

17-25                (1)  on the closing date of the conversion of the Texas

17-26    workers' compensation insurance facility under Part 1 of this Act

17-27    as that date is defined by Section 1.02 of this Act; or

 18-1                (2)  on September 1, 1997, if Part 2 of this Act takes

 18-2    effect.

 18-3          SECTION 3.05.  EMERGENCY.  The importance of this legislation

 18-4    and the crowded condition of the calendars in both houses create an

 18-5    emergency and an imperative public necessity that the

 18-6    constitutional rule requiring bills to be read on three several

 18-7    days in each house be suspended, and this rule is hereby suspended,

 18-8    and that this Act take effect and be in force according to its

 18-9    terms, and it is so enacted.