| 1 | 1 | | 82R7013 RWG-F |
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| 2 | 2 | | By: Thompson H.B. No. 1554 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to immunity for reporting insurance fraud. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 701.052(a), Insurance Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | (a) A person is not liable in a civil action, including an |
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| 12 | 12 | | action for libel or slander, and a civil action may not be brought |
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| 13 | 13 | | against the person, for furnishing information relating to a |
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| 14 | 14 | | suspected, anticipated, or completed fraudulent insurance act if |
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| 15 | 15 | | the information is provided to: |
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| 16 | 16 | | (1) an authorized governmental agency or the |
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| 17 | 17 | | department; |
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| 18 | 18 | | (2) a law enforcement officer or an agent or employee |
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| 19 | 19 | | of the officer; |
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| 20 | 20 | | (3) the National Association of Insurance |
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| 21 | 21 | | Commissioners or an employee of the association; |
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| 22 | 22 | | (4) a state or federal governmental agency established |
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| 23 | 23 | | to detect and prevent fraudulent insurance acts or to regulate the |
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| 24 | 24 | | business of insurance or an employee of the agency; [or] |
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| 25 | 25 | | (5) a special investigative unit of an insurer, |
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| 26 | 26 | | including a person who contracts to provide special investigative |
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| 27 | 27 | | unit services to the insurer or an employee of the insurer who is |
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| 28 | 28 | | responsible for the investigation of suspected fraudulent |
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| 29 | 29 | | insurance acts; or |
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| 30 | 30 | | (6) an organization described by Section 701.051(c), |
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| 31 | 31 | | if the person is a member of the organization and: |
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| 32 | 32 | | (A) the person has reported the information as |
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| 33 | 33 | | required by Section 701.051(a); or |
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| 34 | 34 | | (B) the organization has reported the |
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| 35 | 35 | | information to the insurance fraud unit as required by Section |
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| 36 | 36 | | 701.051(c) on behalf of the person and in a manner that fully |
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| 37 | 37 | | complies with the person's obligations under Section 701.051(a). |
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| 38 | 38 | | SECTION 2. The change in law made by this Act applies only |
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| 39 | 39 | | to the furnishing of information described by Section 701.052(a), |
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| 40 | 40 | | Insurance Code, as amended by this Act, on or after the effective |
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| 41 | 41 | | date of this Act. The furnishing of information before the |
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| 42 | 42 | | effective date of this Act is governed by the law in effect |
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| 43 | 43 | | immediately before the effective date of this Act, and that law is |
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| 44 | 44 | | continued in effect for that purpose. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2011. |
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