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.