H.B. No. 2437
AN ACT
relating to confidentiality of reports and related information for
a solvency examination of an insurance carrier.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 401.058, Insurance Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) A final or preliminary examination report and any
information obtained during an examination are confidential and
privileged for all purposes. This information is [are] not subject
to:
(1) disclosure under Chapter 552, Government Code;
(2) a subpoena, other than a grand jury subpoena; or
(3) discovery or admissibility in evidence in a civil
action.
(c) Subsection (a) does not limit the commissioner's
authority to use a final or preliminary examination report and any
information obtained during an examination in the furtherance of
any legal or regulatory action relating to the administration of
this code that the commissioner, in the commissioner's sole
discretion, considers appropriate.
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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2437 was passed by the House on April
25, 2017, by the following vote: Yeas 121, Nays 21, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2437 on May 19, 2017, by the following vote: Yeas 141, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2437 was passed by the Senate, with
amendments, on May 15, 2017, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor