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.