85R6545 SCL-F
By: Smithee H.B. No. 3149
A BILL TO BE ENTITLED
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) Except as provided by Subsection (c), a [A] final or
preliminary examination report and any information obtained during
an examination are confidential and privileged for all purposes.
This information is inadmissible as evidence in a civil action and
is [are] not subject to:
(1) disclosure under Chapter 552, Government Code;
(2) a subpoena, other than a grand jury subpoena; or
(3) discovery 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 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.