By Ellis S.B. No. 1142
75R1200 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public access to certain underwriting guidelines used
1-3 by insurers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 1.24D, Insurance Code, is amended to read
1-6 as follows:
1-7 Art. 1.24D. [CONFIDENTIALITY OF] UNDERWRITING GUIDELINES.
1-8 [(a)] The department or the office of public insurance counsel may
1-9 require disclosure to the department or office [request and receive
1-10 copies] of an insurer's underwriting guidelines. Underwriting
1-11 guidelines in the possession of the department or office are public
1-12 information available to the public under Chapter 552, Government
1-13 Code [confidential and the department or the office of public
1-14 insurance counsel may not make the guidelines available to the
1-15 public, provided, however, that the department or the office of
1-16 public insurance counsel may disclose a summary of the underwriting
1-17 guidelines in a manner that does not directly or indirectly
1-18 identify the insurer who provided the guidelines].
1-19 [(b) This law does not preclude the use of underwriting
1-20 guidelines as evidence to prosecute a violation of this code. If
1-21 guidelines are used to prosecute a violation of the law, all copies
1-22 of those guidelines shall be presumed confidential and subject to a
1-23 protective order until all appeals on the case have been exhausted.
1-24 After the exhaustion of all appeals, if an insurer is found to have
2-1 violated this code, the copies of the underwriting guidelines that
2-2 were used as evidence of the violation shall no longer be presumed
2-3 confidential.]
2-4 [(c) When such guidelines are furnished to the department or
2-5 the office of public insurance counsel, only those persons within
2-6 the department or the office of public insurance counsel with a
2-7 need to know will have access to such guidelines. The department
2-8 and the office of public insurance counsel shall establish internal
2-9 control systems to limit such access and keep a record thereof.]
2-10 [(d) Violations of the provisions of this article shall be
2-11 considered as violation of the open records law, Chapter 424, Acts
2-12 of the 63rd Legislature, Regular Session, 1973 (Article 6252-17a,
2-13 Vernon's Texas Civil Statutes).]
2-14 SECTION 2. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.