1-1                                   AN ACT
 1-2     relating to certain insurance investigations regarding burglary or
 1-3     robbery losses or death claims.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
 1-6     amended by adding Article 21.49C to read as follows:
 1-7           Art. 21.49C.  REPORT OF CLAIMS INFORMATION ABOUT BURGLARY,
 1-8     ROBBERY, OR DEATH. (a)  Subject to Subsection (b), the state fire
 1-9     marshal, the fire marshal of a political subdivision in this state,
1-10     the chief of a fire department in this state, a chief of police of
1-11     a municipality in this state, or a sheriff in this state may, in
1-12     the course of a criminal investigation, request in writing that an
1-13     insurance company investigating a claimed burglary or robbery loss
1-14     or a death claim seeking life insurance proceeds release
1-15     information in the company's possession that relates to that
1-16     claimed loss.  The company shall release the information to any
1-17     official authorized to request the information under this article
1-18     if the company has reason to believe that the insurance claim is
1-19     false or fraudulent.
1-20           (b)  An official who requests information under this article
1-21     may not request anything other than:
1-22                 (1)  an insurance policy relevant to an insurance claim
1-23     under investigation and the application for that policy;
1-24                 (2)  policy premium payment records;
 2-1                 (3)  the history of previous claims made by the
 2-2     insured; and
 2-3                 (4)  material relating to the investigation of the
 2-4     insurance claim, including statements of any person, proof of loss,
 2-5     or other relevant evidence.
 2-6           (c)  This article does not authorize a public official or
 2-7     agency to adopt or require any form of periodic report by an
 2-8     insurance company.
 2-9           (d)  In the absence of fraud or malice, an insurance company
2-10     or a person who releases information on behalf of an insurance
2-11     company is not liable for damages in a civil action or subject to
2-12     criminal prosecution for an oral or written statement made, or any
2-13     other action taken, that relates to the information required to be
2-14     released under this article.
2-15           (e)  The officials and department personnel receiving
2-16     information under this article shall maintain the information in
2-17     confidence until the release of the information is required during
2-18     a criminal or civil proceeding.
2-19           (f)  An insurance company or the company's representative may
2-20     not intentionally refuse to release to an official described by
2-21     Subsection (a) of this article the information required to be
2-22     released to that official under this article.
2-23           SECTION 2.  This Act takes effect September 1, 2001, and
2-24     applies only to a claim for a burglary or robbery loss or a death
2-25     claim seeking life insurance proceeds that is filed with an
2-26     insurance company on or after that date.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 186 was passed by the House on March
         27, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 186 was passed by the Senate on May
         10, 2001, by the following vote:  Yeas 29, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor