By Shields                                            H.B. No. 2257
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to certain inquiries made by the Texas Department of
    1-3  Insurance and information from those inquiries.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 1.24, Insurance Code, is amended to read
    1-6  as follows:
    1-7        Art. 1.24.  To Make Inquiries.  (a)  The department <Board>
    1-8  is authorized to address any reasonable inquiries to any insurance
    1-9  company or insurance agent, or to the holder of any permit,
   1-10  certificate of registration, or other authorization issued or
   1-11  existing under the authority or authorization of this code, in
   1-12  relation to the company's, agent's, or holder's business condition,
   1-13  or any matter connected with its regulated activities or
   1-14  transactions which the department <Board> may deem necessary for
   1-15  the <public good or for a> proper discharge of the department's
   1-16  <its> duties.  It shall be the duty of the addressee to answer such
   1-17  inquiries in writing not later than the 30th <10th> day after the
   1-18  date the request is received.  A response made under this article
   1-19  is for the exclusive use of the department in the discharge of its
   1-20  regulatory duties.  Information provided in a response that is
   1-21  otherwise privileged or confidential by law remains privileged or
   1-22  confidential.  Information provided in a response that is
   1-23  proprietary in nature shall be maintained as confidential by the
   1-24  department.  Use of the response or the information provided in the
    2-1  response <unless and until introduced into evidence> at an
    2-2  administrative hearing or in a court of competent jurisdiction must
    2-3  comply with applicable rules of evidence and procedure.
    2-4        (b)  An inquiry made under this article must be signed by the
    2-5  commissioner or by one of the four associate commissioners with
    2-6  jurisdiction over the subject matter of the inquiry.  The
    2-7  commissioner or associate commissioner may not delegate the duty
    2-8  imposed by this subsection to another individual.
    2-9        (c)  A response and the information contained in a response
   2-10  is not subject to Chapter 552 or 2001, Government Code, or
   2-11  discovery from the department under the Texas Rules of Civil
   2-12  Procedure.
   2-13        SECTION 2.  This Act applies only to inquiries made by the
   2-14  Texas Department of Insurance on or after the effective date of
   2-15  this Act.  An inquiry made before the effective date of this Act is
   2-16  governed by the law as it existed before the effective date of this
   2-17  Act, and that law is continued in effect for that purpose.
   2-18        SECTION 3.  The importance of this legislation and the
   2-19  crowded condition of the calendars in both houses create an
   2-20  emergency and an imperative public necessity that the
   2-21  constitutional rule requiring bills to be read on three several
   2-22  days in each house be suspended, and this rule is hereby suspended,
   2-23  and that this Act take effect and be in force from and after its
   2-24  passage, and it is so enacted.