By: Duncan S.B. No. 455
A BILL TO BE ENTITLED
AN ACT
1-1 relating to liability insurance coverage for a charitable
1-2 organization.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (g), Section 84.007, Civil Practice
1-5 and Remedies Code, is amended to read as follows:
1-6 (g) Sections 84.005 and 84.006 of this Act [do not] apply to
1-7 any charitable organization that has [does not have] liability
1-8 insurance coverage in effect for an [on any] act or omission for
1-9 which recovery is sought and to which this chapter applies. The
1-10 coverage shall apply to the acts or omissions of the organization
1-11 and its employees and volunteers and be in the amount of at least
1-12 $500,000 for each person and $1,000,000 for each single occurrence
1-13 for death or bodily injury and $100,000 for each single occurrence
1-14 for injury to or destruction of property. The coverage may be
1-15 provided under a contract of insurance or other plan of insurance
1-16 authorized by statute and may be satisfied by the purchase of a
1-17 $1,000,000 bodily injury and property damage combined single limit
1-18 policy. Nothing in this chapter shall limit liability of any
1-19 insurer or insurance plan in an action under Chapter 21, Insurance
1-20 Code, or in an action for bad faith conduct, breach of fiduciary
1-21 duty, or negligent failure to settle a claim.
1-22 SECTION 2. The importance of this legislation and the
1-23 crowded condition of the calendars in both houses create an
1-24 emergency and an imperative public necessity that the
2-1 constitutional rule requiring bills to be read on three several
2-2 days in each house be suspended, and this rule is hereby suspended,
2-3 and that this Act take effect and be in force from and after its
2-4 passage, and it is so enacted.
2-5 COMMITTEE AMENDMENT NO. 1
2-6 Amend S.B. No. 455 in Section 84.007(g), Civil Practice and
2-7 Remedies Code, as amended by SECTION 1 of the bill (page 1, lines
2-8 6-9, senate engrossment printing), by striking "Sections 84.005 and
2-9 84.006 of this Act [do not] apply to any charitable organization
2-10 that has [does not have] liability insurance coverage in effect for
2-11 an [on any] act or omission for which recovery is sought and to
2-12 which this chapter applies." and substituting "Sections 84.005 and
2-13 84.006 of this Act do not apply to any charitable organization that
2-14 does not have liability insurance coverage in effect on any act or
2-15 omission to which this chapter applies."
2-16 75R15093 PB-D Zbranek