Tex. Ins. Code Section 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 (Administrative Procedure), 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 (Texas Property and Casualty Insurance Guaranty Association), 463 (Texas Life and Health Insurance Guaranty Association), or 2602 (Texas Title Insurance Guaranty Association), or substantially similar statutes; or

(2)

on the appointment by a court of a receiver for the insurer.

(g)

Notwithstanding Subsection (a), if the commissioner places a title insurance agent licensed under Title 11 or an insurance agent licensed under Title 13 under supervision or in conservatorship, the commissioner shall provide written notice of the order of supervision or conservatorship to each insurer for which the agent holds an appointment under Subchapter A, Chapter 2651 (Title Insurance Agents and Direct Operations), or Subchapter E, Chapter 4001 (Agent Licensing in General), or other applicable law, on the date the supervisor or conservator is appointed.
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 1, eff. April 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 482 (H.B. 2542), Sec. 1, eff. September 1, 2017.

Source: Section 441.201 — Confidentiality, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­441.­htm#441.­201 (accessed Jun. 5, 2024).

441.001
Findings and Purpose
441.002
Definition
441.003
Applicability of and Compliance with Chapter
441.004
Actions of Commissioner
441.005
Rules
441.006
Rules and Procedures for Merger of Insurers
441.007
Conflict with Other Laws
441.008
Inapplicability of Certain Administrative Procedure Provisions
441.051
Circumstances Constituting Insolvency or Delinquency
441.052
Circumstances Constituting Insurer Exceeding Powers
441.053
Notice to Insurer
441.101
Appointment of Supervisor
441.102
Time for Compliance with Requirements of Supervision
441.103
Payment of Claims
441.104
Prohibited Acts During Supervision
441.105
Hearing on Supervision
441.151
Appointment of Conservator
441.152
Notice of Conservatorship
441.153
Powers and Duties of Conservator
441.154
Payment of Claims
441.155
Reinsurance During Conservatorship
441.156
Hearings During Conservatorship
441.157
Immunity
441.158
Venue
441.159
Duration of Conservatorship
441.160
Return to Management
441.201
Confidentiality
441.202
Costs of Supervision and Conservatorship
441.203
Collection of Fees from Rehabilitated Insurer
441.204
Review and Stay of Certain Acts of Supervisor or Conservator
441.205
Appeal of Certain Orders
441.206
Ex Parte Meeting with Commissioner
441.207
Insurer Employees During Supervision or Conservatorship
441.251
Applicability
441.252
Appointment of Ancillary Supervisor or Conservator
441.253
Powers and Duties of Ancillary Supervisor or Conservator
441.254
Failure to Comply with Requirements of Supervision
441.255
Referral for Remedial Action
441.301
Remedial Action by Attorney General
441.302
Forfeiture and Cancellation of Charter on Conclusion of Business
441.351
Agents of Record

Accessed:
Jun. 5, 2024

§ 441.201’s source at texas​.gov