1-1 By: Nixon, et al. (Senate Sponsor - Shapiro) H.B. No. 845 1-2 (In the Senate - Received from the House April 19, 2001; 1-3 April 20, 2001, read first time and referred to Committee on 1-4 Business and Commerce; May 7, 2001, reported favorably by the 1-5 following vote: Yeas 5, Nays 0; May 7, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to suspension of certain limitations periods applicable to 1-9 insurance policies issued to or covering Holocaust victims; 1-10 providing an administrative penalty. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is 1-13 amended by adding Article 21.74 to read as follows: 1-14 Art. 21.74. ENFORCEMENT OF INSURANCE POLICIES AFFECTING 1-15 CERTAIN HOLOCAUST VICTIMS 1-16 Sec. 1. DEFINITIONS. In this article: 1-17 (1) "Holocaust victim" means a person who was killed 1-18 or injured, or who lost real or personal property or financial 1-19 assets, as the result of discriminatory laws, policies, or actions 1-20 directed against any discrete group of which the person was a 1-21 member, during the period of 1920 to 1945, inclusive, in Germany, 1-22 areas occupied by Germany, or countries allied with Germany. 1-23 (2) "Insurer" means an insurance company or other 1-24 entity engaged in the business of insurance or reinsurance in this 1-25 state. The term includes: 1-26 (A) a capital stock company, a mutual company, 1-27 or a Lloyd's plan; and 1-28 (B) any parent, subsidiary, or affiliated 1-29 company, at least 50 percent of the stock of which is in common 1-30 ownership with an insurer engaged in the business of insurance in 1-31 this state. 1-32 (3) "Insurance policy" includes a life insurance 1-33 policy, an annuity, a property insurance policy, a casualty 1-34 insurance policy, and a liability insurance policy. The term 1-35 includes reinsurance on a risk covered under such a policy. 1-36 Sec. 2. SUSPENSION OF LIMITATIONS PERIOD. (a) 1-37 Notwithstanding any other law, a Holocaust victim, or the heir, 1-38 assignee, beneficiary, or successor of a Holocaust victim, who 1-39 resides in this state and has a claim arising out of an insurance 1-40 policy purchased or in effect in Europe before 1946 that was 1-41 delivered, issued for delivery, or renewed by an insurer may bring 1-42 an action against an insurer to recover on that claim in a court of 1-43 competent jurisdiction in this state. 1-44 (b) An action brought under Subsection (a) of this section 1-45 may not be dismissed for failure to comply with any applicable 1-46 limitations period if the action is brought before December 31, 1-47 2012. 1-48 Sec. 3. ENFORCEMENT. (a) Failure by an insurer to comply 1-49 with a claim brought under this article by denying the claim on the 1-50 grounds that the claim is not timely or by asserting a statute of 1-51 limitations defense in an action brought under Section 2(a) of this 1-52 article constitutes a violation of this article. 1-53 (b) If the commissioner considers it to be necessary, the 1-54 commissioner may initiate an examination under Article 1.15 of this 1-55 code. 1-56 (c) If the commissioner believes that a violation of this 1-57 article by an insurer has occurred or is occurring, the 1-58 commissioner may: 1-59 (1) impose sanctions under Chapter 82 of this code; 1-60 (2) issue a cease and desist order under Chapter 83 of 1-61 this code; 1-62 (3) assess an administrative penalty under Chapter 84 1-63 of this code; or 1-64 (4) refer the matter to the attorney general for 2-1 appropriate enforcement. 2-2 SECTION 2. This Act takes effect immediately if it receives 2-3 a vote of two-thirds of all the members elected to each house, as 2-4 provided by Section 39, Article III, Texas Constitution. If this 2-5 Act does not receive the vote necessary for immediate effect, this 2-6 Act takes effect September 1, 2001. 2-7 * * * * *