By:  Armbrister                              S.B. No. 1740

         97S0870/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the dissolution of the Texas workers' compensation

 1-2     insurance facility and the transfer of certain assets and

 1-3     liabilities to the Texas Property and Casualty Insurance Guaranty

 1-4     Association.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  (a)  The legislature finds and declares that:

 1-7                 (1)  the requirement that the Texas workers'

 1-8     compensation insurance facility contract with the Texas Workers'

 1-9     Compensation Insurance Fund to assume all claims liabilities of the

1-10     facility is not in the best interest of the state and that the

1-11     Texas Property and Casualty Insurance Guaranty Association should

1-12     control the facility's operations;

1-13                 (2)  it is of paramount importance that all workers'

1-14     compensation claimants be assured that adequate financial resources

1-15     are available to pay workers' compensation claims as the claims

1-16     mature; and

1-17                 (3)  the facility has developed several public policy

1-18     initiatives which are important to the administration of the

1-19     workers' compensation system in Texas and should be continued,

1-20     including the antifraud program, servicing company performance

1-21     reviews, and collection of money due the facility.

1-22           (b)  In accordance with Subsection (a) of this section, the

1-23     purposes of this Act are to:

 2-1                 (1)  discontinue the Texas workers' compensation

 2-2     insurance facility's operation as an independent entity by

 2-3     transferring control of the facility to the Texas Property and

 2-4     Casualty Insurance Guaranty Association;

 2-5                 (2)  ensure that the Texas Property and Casualty

 2-6     Insurance Guaranty Association has full authority to enforce the

 2-7     existing rights of the facility without limitation except as

 2-8     provided in this Act; and

 2-9                 (3)  authorize the transfer of the facility's

2-10     operations without impairing the continuity of the public policy

2-11     initiatives provided in this section.

2-12           (c)  This Act shall be liberally construed in conformity with

2-13     the legislative findings and purposes stated in this section.

2-14           SECTION 2.  (a)  On December 31, 1997, the members of the

2-15     governing committee of the Texas workers' compensation insurance

2-16     facility shall be deemed to have resigned and the board of

2-17     directors of the Texas Property and Casualty Insurance Guaranty

2-18     Association shall replace the governing committee of the facility.

2-19           (b)  The board of directors of the Texas Property and

2-20     Casualty Insurance Guaranty Association shall submit to the

2-21     Commissioner of Insurance an amended plan of operation for the

2-22     assimilation of the operations of the Texas workers' compensation

2-23     insurance facility into the Texas Property and Casualty Insurance

2-24     Guaranty Association no later than October 31, 1997.

2-25           SECTION 3.  Any assessment of members made after January 1,

 3-1     1997, required to fund deficits from operations of the facility

 3-2     shall be made as provided by Section 18, Article 21.28C, Insurance

 3-3     Code, and shall be subject to the provisions of Section 21, Article

 3-4     21.28-C, Insurance Code.

 3-5           SECTION 4.  The Texas Property and Casualty Insurance

 3-6     Guaranty Association shall succeed to all rights, defenses,

 3-7     immunities, and liabilities of the Texas workers' compensation

 3-8     insurance facility in all litigation and other causes of action

 3-9     pending by or against the facility on December 31, 1997, and causes

3-10     of action that arise after December 31, 1997, that relate to acts

3-11     or omissions that occurred prior to that date to which the facility

3-12     becomes a party.  The litigation and causes of action described in

3-13     this section shall continue to be governed by and conducted under

3-14     Article 5.76-2, Insurance Code, and the applicable bylaws, rules,

3-15     and regulations of the facility.

3-16           SECTION 5.  The immunity provisions of Subsection (h),

3-17     Section 2.05, Article 5.76-2, Insurance Code, and Section 2.12,

3-18     Article 5.76-2, Insurance Code, apply to all acts or omissions

3-19     occurring before, on, or after December 31, 1997, and such

3-20     provisions shall expressly apply to the powers and duties contained

3-21     in this Act.

3-22           SECTION 6.  In an action against the Texas workers'

3-23     compensation insurance facility or its governing committee,

3-24     executive director, staff, agents, servants, attorneys,

3-25     consultants, employees, or member insurers, solely in their

 4-1     capacity as member insurers, whether or not serving as such on

 4-2     December 31, 1997, in connection with the facility's operations or

 4-3     the transactions contemplated by this Act, the Texas Property and

 4-4     Casualty Insurance Guaranty Association shall defend, indemnify,

 4-5     and hold harmless such person for any act or omission taken in

 4-6     connection with or arising from the performance of the person's

 4-7     powers and duties on behalf of the facility.

 4-8           SECTION 7.  (a)  Subsection (b), Section 18.24, Chapter 12,

 4-9     Acts of the 72nd Legislature, 2nd Called Session, 1991, as amended

4-10     by Section 8, Chapter 885, Acts of the 73rd Legislature, 1993, is

4-11     hereby repealed.

4-12           (b)  Section 2.03, Article 5.76-2, Insurance Code, is

4-13     repealed effective December 31, 1997.

4-14           SECTION 8.  To the extent of a conflict between a provision

4-15     of this Act and any other law or statute, this Act shall control.

4-16           SECTION 9.  The importance of this legislation and the

4-17     crowded condition of the calendars in both houses create an

4-18     emergency and an imperative public necessity that the

4-19     constitutional rule requiring bills to be read on three several

4-20     days in each house be suspended, and this rule is hereby suspended,

4-21     and that this Act take effect and be in force from and after its

4-22     passage, and it is so enacted.