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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Mutual Insurance Company and the application |
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of certain statutes to the Texas Mutual Insurance Company. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 2054.003, Insurance |
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Code, as effective April 1, 2007, is amended to read as follows: |
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(c) The company is not a state agency or executive agency or |
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a governmental entity for any purpose. |
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SECTION 2. Section 2054.007, Insurance Code, as effective |
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April 1, 2007, is amended to read as follows: |
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Sec. 2054.007. [APPLICABILITY OF] OPEN MEETINGS LAW AND |
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OPEN RECORDS LAW NOT APPLICABLE. Notwithstanding any other state |
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law, Chapters [(a) Except as otherwise provided by Subsection (b),
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Chapter] 551 and 552, Government Code, do not apply [applies] to the |
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company. |
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[(b) The board may hold closed meetings to consider:
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[(1)
information relating to claims, rates, or the
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company's underwriting guidelines; or
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[(2)
other information that would give advantage to a
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competitor or bidder.] |
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SECTION 3. The heading to Section 2054.008, Insurance Code, |
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as effective April 1, 2007, is amended to read as follows: |
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Sec. 2054.008. INVESTIGATION FILES [APPLICABILITY OF
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PUBLIC INFORMATION LAW]. |
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SECTION 4. Subsection (d), Section 2054.008, Insurance |
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Code, as effective April 1, 2007, is amended to read as follows: |
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(d) Except as provided by Subsection (e), a company |
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investigation file: |
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(1) is confidential [and not subject to required
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disclosure under Chapter 552, Government Code]; and |
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(2) may be disclosed only: |
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(A) in a criminal proceeding; |
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(B) in a hearing conducted by the commission; |
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(C) on a judicial determination of good cause; or |
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(D) to a governmental agency, political |
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subdivision, or regulatory body if the disclosure is necessary or |
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proper for the enforcement of a law of this state, another state, or |
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the United States. |
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SECTION 5. Subsection (b), Section 2054.256, Insurance |
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Code, as effective April 1, 2007, is amended to read as follows: |
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(b) The [Except as otherwise required or permitted by
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Chapter 552, Government Code, the] company may not provide to an |
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insurance agent information obtained from another insurance agent. |
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SECTION 6. Subsections (b) and (c), Section 2054.008, |
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Insurance Code, as effective April 1, 2007, are repealed. |
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SECTION 7. The change in law made by the amendment of |
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Section 2054.008, Insurance Code, by this Act applies to |
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information maintained in investigation files of the Texas Mutual |
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Insurance Company without regard to the date the information is |
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collected, compiled, or developed or otherwise becomes part of the |
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investigation file. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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