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