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Amend CSSB 1007 (Senate committee report) by inserting the
following appropriately numbered SECTION and renumbering
subsequent SECTIONS of the bill appropriately:
SECTION ____. Subtitle G, Title 5, Insurance Code, is
amended by adding Chapter 752 to read as follows:
CHAPTER 752. DATA MINING AND PATTERN RECOGNITION
Sec. 752.001. DEFINITION. In this chapter, "regulated
entities" means insurers or other organizations regulated by the
department, including:
(1) a domestic or foreign Lloyd's plan;
(2) a domestic or foreign reciprocal or interinsurance
exchange;
(3) a county mutual insurance company;
(4) a farm mutual insurance company;
(5) a domestic or foreign title insurance company; and
(6) an attorney's title insurance company.
Sec. 752.002. STUDY OF INFORMATION CONCERNING DATA MINING
AND PATTERN RECOGNITION. (a) The commissioner by rule shall
require regulated entities to report to the department concerning:
(1) technologies used by the entities to identify
relationships among variables that are used to predict differences
in expected losses of covered persons or applicants for coverage or
that are otherwise used in activities of regulated entities; and
(2) the manner in which the regulated entities use the
technologies described by Subdivision (1) in:
(A) underwriting and creating and defining risk
classifications;
(B) setting rates and premiums, as applicable;
(C) detecting fraudulent claims;
(D) identifying subrogation opportunities;
(E) improving marketing; or
(F) performing other activities identified by
the commissioner.
(b) In exercising the commissioner's authority under this
section, the commissioner shall require that regulated entities
report with respect to selected lines of insurance or selected
segments of the market and may limit the reporting to specific uses
of relationships derived from the technologies.
(c) Underwriting guidelines and related information
obtained by the commissioner under this section are subject to
Section 38.002 or 38.003, as appropriate. Other information
obtained under this section is commercial information not subject
to disclosure requirements of Chapter 552, Government Code.
Sec. 752.003. REPORT TO THE LEGISLATURE. The department
shall include in its biennial report to the legislature under
Section 32.022 information concerning the use of relationships
derived from the technologies described by Section 752.002 by
regulated entities.