1-1 By: Burnam (Senate Sponsor - Shapleigh) H.B. No. 186 1-2 (In the Senate - Received from the House March 28, 2001; 1-3 March 29, 2001, read first time and referred to Committee on 1-4 Business and Commerce; May 3, 2001, reported favorably by the 1-5 following vote: Yeas 6, Nays 0; May 3, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to certain insurance investigations regarding burglary or 1-9 robbery losses or death claims. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is 1-12 amended by adding Article 21.49C to read as follows: 1-13 Art. 21.49C. REPORT OF CLAIMS INFORMATION ABOUT BURGLARY, 1-14 ROBBERY, OR DEATH. (a) Subject to Subsection (b), the state fire 1-15 marshal, the fire marshal of a political subdivision in this state, 1-16 the chief of a fire department in this state, a chief of police of 1-17 a municipality in this state, or a sheriff in this state may, in 1-18 the course of a criminal investigation, request in writing that an 1-19 insurance company investigating a claimed burglary or robbery loss 1-20 or a death claim seeking life insurance proceeds release 1-21 information in the company's possession that relates to that 1-22 claimed loss. The company shall release the information to any 1-23 official authorized to request the information under this article 1-24 if the company has reason to believe that the insurance claim is 1-25 false or fraudulent. 1-26 (b) An official who requests information under this article 1-27 may not request anything other than: 1-28 (1) an insurance policy relevant to an insurance claim 1-29 under investigation and the application for that policy; 1-30 (2) policy premium payment records; 1-31 (3) the history of previous claims made by the 1-32 insured; and 1-33 (4) material relating to the investigation of the 1-34 insurance claim, including statements of any person, proof of loss, 1-35 or other relevant evidence. 1-36 (c) This article does not authorize a public official or 1-37 agency to adopt or require any form of periodic report by an 1-38 insurance company. 1-39 (d) In the absence of fraud or malice, an insurance company 1-40 or a person who releases information on behalf of an insurance 1-41 company is not liable for damages in a civil action or subject to 1-42 criminal prosecution for an oral or written statement made, or any 1-43 other action taken, that relates to the information required to be 1-44 released under this article. 1-45 (e) The officials and department personnel receiving 1-46 information under this article shall maintain the information in 1-47 confidence until the release of the information is required during 1-48 a criminal or civil proceeding. 1-49 (f) An insurance company or the company's representative may 1-50 not intentionally refuse to release to an official described by 1-51 Subsection (a) of this article the information required to be 1-52 released to that official under this article. 1-53 SECTION 2. This Act takes effect September 1, 2001, and 1-54 applies only to a claim for a burglary or robbery loss or a death 1-55 claim seeking life insurance proceeds that is filed with an 1-56 insurance company on or after that date. 1-57 * * * * *