84R1291 KKR-D
By: Frullo H.B. No. 4024
A BILL TO BE ENTITLED
AN ACT
relating to the application of the open meetings and public
information laws to the Texas Mutual Insurance Company.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2054.003(c), Insurance Code, is amended
to read as follows:
(c) The company is not a state agency or executive agency or
a governmental entity for any purpose and is subject to a law
applicable to such an agency or entity only as provided by this
chapter.
SECTION 2. Section 2054.007, Insurance Code, is amended to
read as follows:
Sec. 2054.007. APPLICABILITY OF OPEN MEETINGS LAW AND OPEN
RECORDS LAW; EXCEPTIONS [NOT APPLICABLE]. (a) Except as provided by
Subsections (b) and (c) [Notwithstanding any other state law],
Chapters 551 and 552, Government Code, apply [do not apply] to the
company.
(b) The board may hold closed meetings to consider:
(1) information relating to claims, rates, or the
company's underwriting guidelines; or
(2) other information that would give advantage to a
competitor or bidder.
(c) The board may refuse to disclose:
(1) information relating to claims, rates, or the
company's underwriting guidelines; or
(2) other information that would give advantage to a
competitor or bidder.
SECTION 3. Section 2054.008(d), Insurance Code, is amended
to read as follows:
(d) Except as provided by Subsection (e), a company
investigation file:
(1) is confidential and not subject to disclosure
under Chapter 552, Government Code; and
(2) may be disclosed only:
(A) in a criminal proceeding;
(B) in a hearing conducted by the division of
workers' compensation of the department;
(C) on a judicial determination of good cause; or
(D) to a governmental agency, political
subdivision, or regulatory body if the disclosure is necessary or
proper for the enforcement of a law of this state, another state, or
the United States.
SECTION 4. Section 2054.256(b), Insurance Code, is amended
to read as follows:
(b) Except as otherwise required or permitted by Chapter
552, Government Code, the [The] company may not provide to an
insurance agent information obtained from another insurance agent.
SECTION 5. The following sections of the Government Code
are repealed:
(1) Section 552.0225(c); and
(2) Section 552.143(f).
SECTION 6. (a) The change in law made to Section 2054.007,
Insurance Code, by this Act applies only to a meeting of the Texas
Mutual Insurance Company for which notice is given under Chapter
551, Government Code, on or after the effective date of this Act.
(b) The change in law made by this Act applies only to a
request for information that is received by the Texas Mutual
Insurance Company or an officer for public information on or after
the effective date of this Act. A request for information that was
received before the effective date of this Act is governed by the
law as it existed on the date the request was received, and the
former law is continued in effect for that purpose.
(c) The change in law made by this Act applies to
information maintained in investigation files of the Texas Mutual
Insurance Company without regard to the date the information is
collected, compiled, or developed or otherwise becomes part of the
investigation file.
SECTION 7. This Act takes effect September 1, 2015.