By Dutton                                             H.B. No. 1787
         76R1196 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the ability of an insurer to obtain a release from
 1-3     liability; providing a penalty.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 21, Insurance Code, is
 1-6     amended by adding Article 21.21-3 to read as follows:
 1-7           Art. 21.21-3.  RELEASE FROM LIABILITY FOR RELEASE OF
 1-8     HAZARDOUS CHEMICALS; ASSESSMENT REQUIRED
 1-9           Sec. 1.  DEFINITIONS.  In this article:
1-10                 (1)  "Insurer" means an individual, corporation,
1-11     association, partnership, reciprocal exchange, interinsurer, Lloyds
1-12     insurer, fraternal benefit society, and any other legal entity
1-13     engaged in the business of insurance.  The term includes an agent,
1-14     broker, adjuster, or other representative of an insurer.
1-15                 (2)  "Release agreement" means:
1-16                       (A)  an agreement between an insured or an
1-17     insurer and an actual or potential third party claimant releasing
1-18     the insured or the insurer from liability with respect to an
1-19     accident or other event; or
1-20                       (B)  an agreement between an insured and an
1-21     insurer establishing the amount of liability of the insurer to the
1-22     insured with respect to an accident or other event.
1-23           Sec. 2.  APPLICABILITY.  This article applies only to a
1-24     release agreement obtained in connection with the deposit,
 2-1     discharge, or release into the environment of hazardous chemicals,
 2-2     hazardous wastes, hazardous hydrocarbons, similarly harmful organic
 2-3     or mineral substances, hazardous radiation sources, and other
 2-4     similarly harmful substances.
 2-5           Sec. 3.  ASSESSMENT OF DAMAGES REQUIRED.  (a)  A
 2-6     representative of an insurance company may not obtain a release
 2-7     agreement from a person unless:
 2-8                 (1)  an assessment of the damages to the person has
 2-9     been made by a neutral expert as required by rules adopted by the
2-10     commissioner; or
2-11                 (2)  the person is represented in negotiating the
2-12     release by legal counsel who is not directly or indirectly
2-13     identified, suggested, or selected by the insurer or the insured.
2-14           (b)  An expert who performs an assessment under Subsection
2-15     (a) of this section may not be the employee of the insurer or the
2-16     insured.
2-17           (c)  An insurer seeking a release agreement shall pay any
2-18     fees or expenses involved in obtaining the assessment of damages
2-19     required under Subsection (a) of this section.
2-20           Sec. 4.  RULES.  The commissioner shall adopt rules as
2-21     necessary to implement this article.
2-22           Sec. 5.  DISCIPLINARY ACTION.  The commissioner, on 10 days'
2-23     notice by certified mail and on hearing, may suspend or cancel the
2-24     certificate or other authority to engage in the business of
2-25     insurance of any insurer violating this article.
2-26           Sec. 6.  PENALTY.  (a)  A person commits an offense if the
2-27     person knowingly or intentionally violates Section 3 of this
 3-1     article.
 3-2           (b)  An offense under this section is a Class A misdemeanor.
 3-3           SECTION 2.  This Act takes effect September 1, 1999.
 3-4           SECTION 3.  This Act applies only to a release agreement that
 3-5     is executed on or after the effective date of this Act.  A release
 3-6     agreement that is executed before the effective date of this Act is
 3-7     governed by the law as it existed immediately before the effective
 3-8     date of this Act, and that law is continued in effect for that
 3-9     purpose.
3-10           SECTION 4.  The importance of this legislation and the
3-11     crowded condition of the calendars in both houses create an
3-12     emergency and an imperative public necessity that the
3-13     constitutional rule requiring bills to be read on three several
3-14     days in each house be suspended, and this rule is hereby suspended.