AN ACT
 1-1     relating to the treatment of certain annuities as charitable gift
 1-2     annuities and the application of the Insurance Code and certain
 1-3     other laws to charitable gift annuities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2, Article 1.14-1A, Insurance Code, is
 1-6     amended by adding Subsection (c) to read as follows:
 1-7           (c)  Any person or entity involved in the issuance of a
 1-8     qualified charitable gift annuity shall have immunity from suit,
 1-9     including both a defense to liability and the right not to bear the
1-10     cost, burden, and risk of discovery and trial, as to any claim
1-11     brought by or on behalf of the donor or the donor's heirs or
1-12     distributees alleging that the issuance of a charitable gift
1-13     annuity constitutes engaging in the business of insurance in this
1-14     state.  An interlocutory appeal may be taken if a court denies or
1-15     otherwise fails to grant a motion for summary judgment that is
1-16     based on an assertion of the immunity provided in this subsection.
1-17           SECTION 2.  Article 1.14-1A, Insurance Code, is amended by
1-18     adding Section 7 to read as follows:
1-19           Sec. 7.  TREATMENT OF ANNUITY AS CHARITABLE GIFT ANNUITY;
1-20     ESTOPPEL.  In any litigation or other proceeding brought by or on
1-21     behalf of a donor or the donor's heirs or distributees, an annuity
1-22     that the donor has treated as a charitable gift annuity in a filing
1-23     with the United States Internal Revenue Service shall be considered
1-24     to be a charitable gift annuity issued by a charitable
 2-1     organization, as described by Sections 1, 2, and 6 of this article
 2-2     and Section 2(b), Article 1.14-1 of this code.
 2-3           SECTION 3.  (a)  Sections 1, 2, 6, and 7, Article 1.14-1A,
 2-4     Insurance Code, and Subsection (b), Section 2, Article 1.14-1,
 2-5     Insurance Code, as those sections exist on the effective date of
 2-6     this Act, apply to any charitable gift annuity issued before, on,
 2-7     or after the effective date of this Act, including any charitable
 2-8     gift annuity that is the subject of litigation or another
 2-9     proceeding that is pending before, on, or after the effective date
2-10     of this Act.
2-11           (b)  This section applies without regard to the effective
2-12     date of the legislation enacting Article 1.14-1A, Insurance Code,
2-13     or any other legislation enacted by any legislature that amended
2-14     the provisions of Article 1.14-1A, Insurance Code.
2-15           SECTION 4.  This Act applies to any charitable gift annuity
2-16     issued before, on, or after the effective date of this Act,
2-17     including any charitable gift annuity that is the subject of
2-18     litigation or another proceeding that is pending before, on, or
2-19     after the effective date of this Act.
2-20           SECTION 5.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended,
2-25     and that this Act take effect and be in force from and after its
2-26     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 333 passed the Senate on
         March 2, 1999, by the following vote:  Yeas 31, Nays 0; and that
         the Senate concurred in House amendment on May 18, 1999, by a
         viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 333 passed the House, with
         amendment, on May 14, 1999, by the following vote:  Yeas 140,
         Nays 0, one present not voting.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor