S.B. No. 698
  relating to the establishment of a registry at the Texas Department
  of Insurance of certain legal entities alleged to have sold
  race-based insurance coverage.
         SECTION 1.  Chapter 521, Insurance Code, is amended by
  adding Subchapter D to read as follows:
         Sec. 521.151.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies to any legal entity engaged in the business of insurance in
  this state, including:
               (1)  a capital stock insurance company;
               (2)  a mutual insurance company;
               (3)  a title insurance company;
               (4)  a fraternal benefit society;
               (5)  a local mutual aid association;
               (6)  a statewide mutual assessment company;
               (7)  a county mutual insurance company;
               (8)  a Lloyd's plan;
               (9)  a reciprocal or interinsurance exchange;
               (10)  a stipulated premium company;
               (11)  a group hospital service corporation;
               (12)  a farm mutual insurance company;
               (13)  a risk retention group;
               (14)  an eligible surplus lines insurer; and
               (15)  an agent, broker, adjuster, or life and health
  insurance counselor.
         Sec. 521.152.  REGISTRY; INTERNET POSTING. (a) The
  commissioner shall establish a registry of each legal entity
  engaged in the business of insurance in this state that, formally or
  informally, has entered into an agreement with the department:
               (1)  that disposes of allegations of race-based
  pricing; and
               (2)  under which all or part of the relief agreed on to
  make insureds whole includes a claims-made offer that remains in
  place and has not otherwise expired under the terms of the
         (b)  The registry must be prominently published on the
  department's Internet website, and must:
               (1)  identify:
                     (A)  each insurance company that has entered into
  an agreement described by Subsection (a); and
                     (B)  the eligibility and terms of the insurance
  company's claims-made offer; and
               (2)  include:
                     (A)  a claim form; and
                     (B)  links to the Internet website of the
  insurance company that is administrating the claims-made offer.
  RACE-BASED PRICING. (a)  Notwithstanding Chapter 441, Government
  Code, the department shall preserve all examinations, exhibits to
  examinations, and other relevant documents regarding race-based
  pricing that the department has gathered or created with respect to
  a race-based pricing investigation that is completed or ongoing on
  September 1, 2009, other than those for which an attorney-client or
  attorney work product privilege can be claimed, until the time that
  those documents are eligible for delivery under Subsection (b).
         (b)  On the completion of the department's race-based
  pricing investigation, but not later than January 15, 2011, the
  department shall deliver the records identified under Subsection
  (a) or copies of those records to the state archivist.
         (c)  The state archives shall:
               (1)  using best efforts, preserve and catalogue the
  records identified under Subsection (a); and
               (2)  make the records available to the public as soon as
  appropriate, but not later than January 15, 2015.
         SECTION 2.  The commissioner of insurance shall establish
  the registry as required by Subchapter D, Chapter 521, Insurance
  Code, as added by this Act, not later than January 1, 2010.
         SECTION 3.  This Act takes effect September 1, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 698 passed the Senate on
  April 2, 2009, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendments on May 28, 2009, by the
  following vote: Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 698 passed the House, with
  amendments, on May 26, 2009, by the following vote: Yeas 138,
  Nays 8, one present not voting.
  Chief Clerk of the House