Texas House Bill HB4461

Texas 2009 - 81st Regular

• Out of House Committee: 4/27/09
• Voted on by House: 5/6/09
• Out of Senate Committee: 5/23/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/31/09
• Passed: 6/19/09

Caption

Relating to confidentiality of certain information maintained by the Texas Department of Insurance.

Impact

If enacted, HB4461 will significantly alter the way investigation files are treated under Texas law, establishing a legal framework that protects the confidentiality of such files from disclosure. Only certain exceptions will allow for sharing this information, primarily in specific legal circumstances or to relevant governmental bodies enforcing applicable laws. This modification aims to bolster the enforcement of insurance laws while maintaining confidentiality, ultimately protecting both the department's investigations and the rights of individuals involved in these inquiries.

Summary

House Bill 4461 is an act relating to the confidentiality of certain information maintained by the Texas Department of Insurance. The bill amends the Insurance Code by adding a new subchapter that specifically addresses 'investigation files' within the department. This subchapter defines investigation files as any information collected in connection with an investigation, while excluding information related to insurance fraud investigations from confidentiality protections. The intent behind this bill is to ensure that sensitive information gathered during insurance-related investigations remains out of public reach to maintain the integrity of the investigative process.

Contention

Notable points of contention surrounding HB4461 relate to the balance between transparency and confidentiality. Critics may argue that increased confidentiality could hinder public access to information regarding potential misconduct within the insurance industry. Proponents, on the other hand, defend the bill as necessary to prevent the unnecessary public release of sensitive information that could compromise investigations. Proponents suggest that preserving secrecy in investigations fosters a more effective inquiry process and safeguards the department's ability to enforce compliance with insurance laws.