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.