HBA-DMD H.B. 1787 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1787
By: Dutton
Insurance
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Current law does not provide for an assessment of damages,  prior to an
agent, broker, adjuster, or other representative of an insurer obtaining a
release of  liability  from a claimant, in cases of accidents that
discharge or release into the environment certain hazardous chemicals,
wastes, and substances. H.B. 1787  prohibits a representative of an
insurance company from obtaining a release agreement from a person unless
the assessment of the damages to the person has been made by a neutral
expert or the person is represented by legal counsel. This bill requires
the commissioner of insurance to adopt rules as necessary to implement this
article. This bill also establishes a criminal penalty. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of insurance in
SECTION 1 (Section 4, Article 21.21-3, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 21, Insurance Code, by adding
Article 21.21-3, as follows: 

Art. 21.21-3.  RELEASE FROM LIABILITY FOR RELEASE OF HAZARDOUS
CHEMICALS; ASSESSMENT REQUIRED

Sec. 1. DEFINITIONS.  Defines "insurer," "release agreement."

Sec. 2. APPLICABILITY. Sets forth that this article applies only to a
release agreement obtained in connection with the deposit, discharge, or
release into the environment of hazardous chemicals, hazardous wastes,
hazardous hydrocarbons, similarly harmful organic or mineral substances,
hazardous radiation sources, and other similarly harmful substances 

Sec. 3. ASSESSMENT OF DAMAGES REQUIRED. (a) Prohibits a representative of
an insurance company from obtaining a release agreement from a person
unless the assessment of the damages to the person has been made by a
neutral expert as required by rules adopted by the commissioner of
insurance (commissioner), or the person is represented in negotiating the
release by legal counsel who is not directly or indirectly identified,
suggested, or selected by the insurer or the insured. 

(b) Prohibits an expert who performs an assessment under Subsection (a)
from being the employee of the insurer or the insured. 

(c) Requires an insurer seeking a release agreement to pay any fees or
expenses involved in obtaining the assessment of damages required under
Subsection (a) of this section. 

Sec. 4. RULES. Requires the commissioner to adopt rules as necessary to
implement this article. 

 Sec. 5. DISCIPLINARY ACTION. Authorizes the commissioner, on ten days
notice by certified mail and on hearing, to suspend or cancel the
certificate or other authority to engage in the business of insurance of
any insurer violating this article. 

Sec. 6. PENALTY. Sets forth that a person who knowingly or intentionally
violates Section 3 of this article, commits the offense of a Class A
misdemeanor. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Makes application of this Act prospective.

SECTION 4.Emergency clause.