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A BILL TO BE ENTITLED
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AN ACT
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relating to confidentiality of reports and related information for |
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a solvency examination of an insurance carrier. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 401.058, Insurance Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (c), a [A] final or |
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preliminary examination report and any information obtained during |
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an examination are confidential and privileged for all purposes. |
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This information is inadmissible as evidence in a civil action and |
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is [are] not subject to: |
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(1) disclosure under Chapter 552, Government Code; |
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(2) a subpoena, other than a grand jury subpoena; or |
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(3) discovery in a civil action. |
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(c) Subsection (a) does not limit the commissioner's |
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authority to use a final or preliminary examination report and any |
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information obtained during an examination in the furtherance of |
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any legal or regulatory action that the commissioner, in the |
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commissioner's sole discretion, considers appropriate. |
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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, 2017. |