81R10543 PB-F
By: Smithee H.B. No. 4461
A BILL TO BE ENTITLED
AN ACT
relating to confidentiality of certain information maintained by
the Texas Department of Insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 36, Insurance Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. INVESTIGATION FILES
Sec. 36.251. DEFINITION. In this subchapter,
"investigation file" means any information collected, assembled,
or maintained by or on behalf of the department with respect to an
investigation conducted under this code or other law. The term does
not include information or material acquired by the department that
is:
(1) relevant to an investigation by the insurance
fraud unit; and
(2) subject to Section 701.151.
Sec. 36.252. INVESTIGATION FILES CONFIDENTIAL. (a)
Information maintained in an investigation file is privileged and
confidential and is not subject to discovery, subpoena, or other
means of legal compulsion for release to any person except:
(1) in a hearing conducted by the commissioner or
conducted under this code or another insurance law of this state by
the State Office of Administrative Hearings;
(2) on a judicial determination of good cause; or
(3) to a governmental agency, political subdivision,
or regulatory body if the disclosure is necessary or proper for the
enforcement of the laws of this or another state or of the United
States.
(b) Investigation files are not open records for purposes of
Chapter 552, Government Code.
Sec. 36.253. DISCLOSURE OF CERTAIN INFORMATION NOT
REQUIRED. The department is not required to disclose under this
subchapter:
(1) information that is:
(A) an attorney-client communication; or
(B) an attorney work product; or
(2) other information protected by a recognized
privilege, a statute, an administrative rule, the Texas Rules of
Civil Procedure, or the Texas Rules of Evidence.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.