By Nixon H.B. No. 845
77R376 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to suspension of certain limitations periods applicable to
1-3 insurance policies issued to or covering Holocaust victims.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is
1-6 amended by adding Article 21.74 to read as follows:
1-7 Art. 21.74. ENFORCEMENT OF INSURANCE POLICIES AFFECTING
1-8 CERTAIN HOLOCAUST VICTIMS
1-9 Sec. 1. DEFINITIONS. In this article:
1-10 (1) "Holocaust victim" means a person who was killed
1-11 or injured, or who lost property, as the result of discriminatory
1-12 laws, policies, or actions directed against any discrete group of
1-13 which the person was a member, during the period of 1929 to 1945,
1-14 inclusive, while the person resided in Nazi Germany, areas occupied
1-15 by Nazi Germany, or countries allied with Nazi Germany.
1-16 (2) "Insurer" means an insurance company or other
1-17 entity engaged in the business of insurance in this state. The
1-18 term includes a capital stock company, a mutual company, and a
1-19 Lloyd's plan company.
1-20 (3) "Insurance policy" includes a life insurance
1-21 policy, an annuity, a property insurance policy, a casualty
1-22 insurance policy, and a liability insurance policy.
1-23 Sec. 2. SUSPENSION OF LIMITATIONS PERIOD. (a)
1-24 Notwithstanding any other law, a Holocaust victim, or the heir or
2-1 beneficiary of a Holocaust victim, who resides in this state and
2-2 has a claim arising out of an insurance policy purchased or in
2-3 effect in Europe before 1946 that was delivered, issued for
2-4 delivery, or renewed by an insurer may bring an action against an
2-5 insurer to recover on that claim in a court of competent
2-6 jurisdiction in this state.
2-7 (b) An action brought under Subsection (a) of this section
2-8 may not be dismissed for failure to comply with any applicable
2-9 limitations period if the action is brought before December 31,
2-10 2010.
2-11 Sec. 3. ENFORCEMENT. Failure by an insurer to comply with a
2-12 claim brought under this article constitutes grounds for suspension
2-13 or revocation of the insurer's certificate of authority to engage
2-14 in the business of insurance in this state.
2-15 Sec. 4. EXPIRATION. This article expires January 1, 2011.
2-16 SECTION 2. This Act takes effect immediately.