74R9604 DLF-F
          By Averitt                                            H.B. No. 3000
          Substitute the following for H.B. No. 3000:
          By Averitt                                        C.S.H.B. No. 3000
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to information related to criminal activity, fraud,
    1-3  material misrepresentation, or nondisclosure in connection with an
    1-4  insurance transaction.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
    1-7  amended by adding Article 21.79H to read as follows:
    1-8        Art. 21.79H.  INFORMATION RELATING TO MISCONDUCT IN INSURANCE
    1-9  TRANSACTION.  (a)  In this article, "person" includes:
   1-10              (1)  an insurer;
   1-11              (2)  a self-insurer;
   1-12              (3)  an insurance support organization;
   1-13              (4)  an agent or third-party administrator licensed
   1-14  under this code or an insurance law of this state;
   1-15              (5)  an employee of an entity described by Subdivisions
   1-16  (1)-(4) of this subsection; or
   1-17              (6)  a regulatory authority.
   1-18        (b)  A person may collect, compile, or furnish to or exchange
   1-19  with any other person information to the extent the person
   1-20  collecting, compiling, furnishing, or exchanging the information
   1-21  considers reasonably necessary to detect or prevent criminal
   1-22  activity, fraud, material misrepresentation, or material
   1-23  nondisclosures in connection with:
    2-1              (1)  filing an insurance claim; or
    2-2              (2)  making a claim against any individual or any
    2-3  business, governmental, or other entity if indemnification by a
    2-4  liability insurance policy of the individual or entity is
    2-5  contemplated.
    2-6        (c)  A person who collects, compiles, or furnishes to or
    2-7  exchanges with another person information described by Subsection
    2-8  (b) of this article is not liable in a civil action or subject to
    2-9  criminal prosecution because of that action. This subsection does
   2-10  not apply if the person acts with malice or with the intent to
   2-11  defraud.
   2-12        SECTION 2.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended,
   2-17  and that this Act take effect and be in force from and after its
   2-18  passage, and it is so enacted.