By Averitt H.B. No. 3000
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection, compiling, exchanging, and use of
1-3 information related to criminal activity, fraud, material
1-4 misrepresentation or nondisclosure in connection with an insurance
1-5 transaction.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. The Texas Insurance Code is amended by adding an
1-8 Article 21.79F to read as follows:
1-9 Article 21.79F. Any person, including any insurer,
1-10 self-insurer, insurance support organization, agent, or employee of
1-11 any of the foregoing may collect, compile, or furnish to or
1-12 exchange with any other such person or furnish to any regulatory
1-13 authority information to the extent deemed reasonably necessary by
1-14 such person to detect or prevent criminal activity, fraud, material
1-15 representation, or material non-disclosures in connection with any
1-16 insurance transaction or any other matter in the business of
1-17 insurance, including, but not limited to, the obtaining or the
1-18 giving of information in connection with the underwriting or
1-19 issuance of an insurance policy, the filing of an insurance claim,
1-20 or the making of a claim against any person, business, corporation,
1-21 or governmental entity where it is contemplated that such a person,
1-22 business, corporation, or governmental entity would be indemnified
1-23 by an insurance liability policy. In the absence of malice or
2-1 intentional fraud, no person who collects, compiles, or furnishes
2-2 to or exchanges with any other person or furnishes to any
2-3 regulatory authority information in accordance with this Article
2-4 shall be held liable in a civil action or subject to any criminal
2-5 prosecution because of any such action.
2-6 SECTION 2. This Act takes effect on September 1, 1995.
2-7 SECTION 3. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.