| 1 | 1 | | 85R6545 SCL-F |
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| 2 | 2 | | By: Smithee H.B. No. 3149 |
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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 confidentiality of reports and related information for |
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| 8 | 8 | | a solvency examination of an insurance carrier. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 401.058, Insurance Code, is amended by |
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| 11 | 11 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) Except as provided by Subsection (c), a [A] final or |
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| 14 | 14 | | preliminary examination report and any information obtained during |
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| 15 | 15 | | an examination are confidential and privileged for all purposes. |
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| 16 | 16 | | This information is inadmissible as evidence in a civil action and |
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| 17 | 17 | | is [are] not subject to: |
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| 18 | 18 | | (1) disclosure under Chapter 552, Government Code; |
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| 19 | 19 | | (2) a subpoena, other than a grand jury subpoena; or |
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| 20 | 20 | | (3) discovery in a civil action. |
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| 21 | 21 | | (c) Subsection (a) does not limit the commissioner's |
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| 22 | 22 | | authority to use a final or preliminary examination report and any |
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| 23 | 23 | | information obtained during an examination in the furtherance of |
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| 24 | 24 | | any legal or regulatory action that the commissioner, in the |
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| 25 | 25 | | commissioner's sole discretion, considers appropriate. |
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| 26 | 26 | | SECTION 2. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2017. |
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