| |
| |
| |
|
|
AN ACT
|
|
|
relating to confidentiality of certain information maintained by |
|
|
the Texas Department of Insurance. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 36, Insurance Code, is amended by adding |
|
|
Subchapter E to read as follows: |
|
|
SUBCHAPTER E. INVESTIGATION FILES |
|
|
Sec. 36.251. DEFINITION. In this subchapter, |
|
|
"investigation file" means any information collected, assembled, |
|
|
or maintained by or on behalf of the department with respect to an |
|
|
investigation conducted under this code or other law. The term does |
|
|
not include information or material acquired by the department that |
|
|
is: |
|
|
(1) relevant to an investigation by the insurance |
|
|
fraud unit; and |
|
|
(2) subject to Section 701.151. |
|
|
Sec. 36.252. INVESTIGATION FILES CONFIDENTIAL. (a) |
|
|
Information or material acquired by the department that is relevant |
|
|
to an investigation is not a public record for the period that the |
|
|
department determines is relevant to further or complete an |
|
|
investigation. |
|
|
(b) Investigation files are not open records for purposes of |
|
|
Chapter 552, Government Code, except as specified herein. |
|
|
Sec. 36.253. DISCLOSURE OF CERTAIN INFORMATION NOT |
|
|
REQUIRED. The department is not required to disclose under this |
|
|
subchapter: |
|
|
(1) information that is: |
|
|
(A) an attorney-client communication; or |
|
|
(B) an attorney work product; or |
|
|
(2) other information protected by a recognized |
|
|
privilege, a statute, an administrative rule, the Texas Rules of |
|
|
Civil Procedure, or the Texas Rules of Evidence. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 4461 was passed by the House on May 5, |
|
|
2009, by the following vote: Yeas 143, Nays 1, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 4461 on May 29, 2009, by the following vote: Yeas 143, Nays 0, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 4461 was passed by the Senate, with |
|
|
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |