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AN ACT
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relating to immunity for reporting insurance fraud. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 701.052, Insurance Code, |
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is amended to read as follows: |
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(a) A person is not liable in a civil action, including an |
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action for libel or slander, and a civil action may not be brought |
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against the person, for furnishing information relating to a |
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suspected, anticipated, or completed fraudulent insurance act if |
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the information is provided to: |
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(1) an authorized governmental agency or the |
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department; |
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(2) a law enforcement officer or an agent or employee |
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of the officer; |
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(3) the National Association of Insurance |
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Commissioners or an employee of the association; |
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(4) a state or federal governmental agency established |
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to detect and prevent fraudulent insurance acts or to regulate the |
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business of insurance or an employee of the agency; [or] |
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(5) a special investigative unit of an insurer, |
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including a person who contracts to provide special investigative |
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unit services to the insurer or an employee of the insurer who is |
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responsible for the investigation of suspected fraudulent |
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insurance acts; or |
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(6) an organization described by Section 701.051(c), |
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if the person is a member of the organization and: |
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(A) the person has reported the information as |
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required by Section 701.051(a); or |
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(B) the organization has reported the |
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information to the insurance fraud unit as required by Section |
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701.051(c) on behalf of the person and in a manner that fully |
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complies with the person's obligations under Section 701.051(a). |
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SECTION 2. The change in law made by this Act applies only |
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to the furnishing of information described by Subsection (a), |
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Section 701.052, Insurance Code, as amended by this Act, on or after |
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the effective date of this Act. The furnishing of information |
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before the effective date of this Act is governed by the law in |
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effect immediately before the effective date of this Act, and that |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 918 passed the Senate on |
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March 24, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 918 passed the House on |
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May 5, 2011, by the following vote: Yeas 146, Nays 0, one present |
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not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |