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A BILL TO BE ENTITLED
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AN ACT
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relating to confidentiality of certain information maintained by |
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the Texas Department of Insurance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 36, Insurance Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. INVESTIGATION FILES |
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Sec. 36.251. DEFINITION. In this subchapter, |
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"investigation file" means any information collected, assembled, |
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or maintained by or on behalf of the department with respect to an |
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investigation conducted under this code or other law. The term does |
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not include information or material acquired by the department that |
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is: |
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(1) relevant to an investigation by the insurance |
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fraud unit; and |
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(2) subject to Section 701.151. |
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Sec. 36.252. INVESTIGATION FILES CONFIDENTIAL. (a) |
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Information maintained in an investigation file is privileged and |
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confidential and is not subject to discovery, subpoena, or other |
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means of legal compulsion for release to any person except: |
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(1) in a hearing conducted by the commissioner or |
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conducted under this code or another insurance law of this state by |
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the State Office of Administrative Hearings; |
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(2) on a judicial determination of good cause; or |
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(3) to a governmental agency, political subdivision, |
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or regulatory body if the disclosure is necessary or proper for the |
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enforcement of the laws of this or another state or of the United |
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States. |
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(b) Investigation files are not open records for purposes of |
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Chapter 552, Government Code. |
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Sec. 36.253. DISCLOSURE OF CERTAIN INFORMATION NOT |
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REQUIRED. The department is not required to disclose under this |
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subchapter: |
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(1) information that is: |
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(A) an attorney-client communication; or |
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(B) an attorney work product; or |
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(2) other information protected by a recognized |
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privilege, a statute, an administrative rule, the Texas Rules of |
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Civil Procedure, or the Texas Rules of Evidence. |
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SECTION 2. 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, 2009. |