| 1 | 1 | | H.B. No. 4461 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to confidentiality of certain information maintained by |
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| 6 | 6 | | the Texas Department of Insurance. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 36, Insurance Code, is amended by adding |
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| 9 | 9 | | Subchapter E to read as follows: |
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| 10 | 10 | | SUBCHAPTER E. INVESTIGATION FILES |
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| 11 | 11 | | Sec. 36.251. DEFINITION. In this subchapter, |
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| 12 | 12 | | "investigation file" means any information collected, assembled, |
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| 13 | 13 | | or maintained by or on behalf of the department with respect to an |
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| 14 | 14 | | investigation conducted under this code or other law. The term does |
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| 15 | 15 | | not include information or material acquired by the department that |
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| 16 | 16 | | is: |
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| 17 | 17 | | (1) relevant to an investigation by the insurance |
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| 18 | 18 | | fraud unit; and |
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| 19 | 19 | | (2) subject to Section 701.151. |
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| 20 | 20 | | Sec. 36.252. INVESTIGATION FILES CONFIDENTIAL. (a) |
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| 21 | 21 | | Information or material acquired by the department that is relevant |
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| 22 | 22 | | to an investigation is not a public record for the period that the |
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| 23 | 23 | | department determines is relevant to further or complete an |
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| 24 | 24 | | investigation. |
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| 25 | 25 | | (b) Investigation files are not open records for purposes of |
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| 26 | 26 | | Chapter 552, Government Code, except as specified herein. |
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| 27 | 27 | | Sec. 36.253. DISCLOSURE OF CERTAIN INFORMATION NOT |
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| 28 | 28 | | REQUIRED. The department is not required to disclose under this |
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| 29 | 29 | | subchapter: |
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| 30 | 30 | | (1) information that is: |
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| 31 | 31 | | (A) an attorney-client communication; or |
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| 32 | 32 | | (B) an attorney work product; or |
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| 33 | 33 | | (2) other information protected by a recognized |
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| 34 | 34 | | privilege, a statute, an administrative rule, the Texas Rules of |
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| 35 | 35 | | Civil Procedure, or the Texas Rules of Evidence. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I certify that H.B. No. 4461 was passed by the House on May 5, |
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| 44 | 44 | | 2009, by the following vote: Yeas 143, Nays 1, 1 present, not |
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| 45 | 45 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 46 | 46 | | No. 4461 on May 29, 2009, by the following vote: Yeas 143, Nays 0, |
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| 47 | 47 | | 1 present, not voting. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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| 50 | 50 | | I certify that H.B. No. 4461 was passed by the Senate, with |
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| 51 | 51 | | amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
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| 52 | 52 | | 0. |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Secretary of the Senate |
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| 55 | 55 | | APPROVED: __________________ |
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| 56 | 56 | | Date |
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| 57 | 57 | | __________________ |
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| 58 | 58 | | Governor |
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