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Texas Insurance Code

§ 38.003 — UNDERWRITING GUIDELINES FOR OTHER LINES; CONFIDENTIALITY

IN § 38.003Title 2. TEXAS DEPARTMENT OF INSURANCE · Part A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE · Ch. 38. DATA COLLECTION AND REPORTS · Art. A. GENERAL PROVISIONS

Statute text

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(a)This section applies to all underwriting guidelines that are not subject to Section 38.002.
(b)For purposes of this section, "insurer" means a reciprocal or interinsurance exchange, mutual insurance company, capital stock company, county mutual insurance company, Lloyd's plan, life, accident, or health or casualty insurance company, health maintenance organization, mutual life insurance company, mutual insurance company other than life, mutual, or natural premium life insurance company, general casualty company, fraternal benefit society, group hospital service company, or other legal entity engaged in the business of insurance in this state. The term includes an affiliate as described by Section 823.003(a) if that affiliate is authorized to write and is writing insurance in this state.
(c)The department or the office of public insurance counsel may obtain a copy of an insurer's underwriting guidelines.
(d)Underwriting guidelines are confidential, and the department or the office of public insurance counsel may not make the guidelines available to the public.
(e)The department or the office of public insurance counsel may disclose to the public a summary of an insurer's underwriting guidelines in a manner that does not directly or indirectly identify the insurer.
(f)When underwriting guidelines are furnished to the department or the office of public insurance counsel, only a person within the department or the office of public insurance counsel with a need to know may have access to the guidelines. The department and the office of public insurance counsel shall establish internal control systems to limit access to the guidelines and shall keep records of the access provided.

Legislative history

Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2B.005, eff. April 1, 2009.