Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Shields H.B. No. 3008
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 except as necessary to discharge the duties of the
1-23 department, including introducing a response or information
1-24 provided in a response as evidence in a department proceeding.
2-1 [unless and until introduced into evidence at an administrative
2-2 hearing or in a court of competent jurisdiction.] Information
2-3 provided in a response that is proprietary in nature shall be
2-4 maintained as confidential by the department. Use of the response
2-5 or the information provided in the response in a court of competent
2-6 jurisdiction must comply with applicable rules of evidence and
2-7 procedure.
2-8 (b) An inquiry made under this article must be signed by the
2-9 commissioner or by one of the four associate commissioners with
2-10 jurisdiction over the subject matter of the inquiry. The
2-11 commissioner or associate commissioner may not delegate the duty
2-12 imposed by this subsection to another individual.
2-13 (c) Except as provided in Subsection (a) of this article, a
2-14 response and the information contained in a response is not subject
2-15 to Chapter 552 or 2001, Government Code, or discovery from the
2-16 department under the Texas Rules of Civil Procedure.
2-17 Section 2. This Act applies only to inquiries made by the
2-18 Texas Department of Insurance on or after the effective date of
2-19 this Act. An inquiry made before the effective date of this Act is
2-20 governed by the law as it existed before the effective date of this
2-21 Act, and that law is continued in effect for this purpose.
2-22 Section 3. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended,
2-27 and that this Act take effect and be in force from and after its
2-28 passage, and it is so enacted.