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