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Texas Insurance Code - Section 441.201. Confidentiality

Legal Research Home > Texas Lawyer > Insurance Code > Texas Insurance Code - Section 441.201. Confidentiality

§ 441.201. CONFIDENTIALITY.  (a) Hearings and orders, 
notices, correspondence, reports, records, and other information 
in the department's possession relating to the supervision or 
conservatorship of an insurer are confidential during the 
supervision or conservatorship.  On termination of the supervision 
or conservatorship, the information in the department's custody 
that relates to the supervision or conservatorship is public 
information.
	(b)  This section does not prohibit access by the department 
to hearings or orders, notices, correspondence, reports, records, 
or other information.
	(c)  The provisions of Chapter 2001, Government Code, 
relating to discovery apply to the parties of record in a proceeding 
under this chapter.
	(d)  The commissioner may open a proceeding under this 
chapter or disclose information that is confidential under this 
section to a department, agency, or instrumentality of this state, 
another state, or the United States if the commissioner determines 
that opening the proceeding or disclosing the information is 
necessary or proper to enforce the laws of this state, another 
state, or the United States.
	(e)  An officer or employee of the department is not liable 
for a release of information that is confidential under this 
section unless it is shown that the release was accomplished with 
actual malice.
	(f)  This section does not apply to information:                               
		(1)  if the insurer's insureds are not protected by 
Chapter 462, 463, or 2602, or substantially similar statutes;  or
		(2)  on the appointment by a court of a receiver for the 
insurer.           

Added by Acts 2005, 79th Leg., ch. 727, § 1, eff. April 1, 2007.           

Last modified: August 10, 2007