Information filed with the commissioner by an applicant or captive insurance company is confidential, but it may be disclosed or used in limited circumstances.
Sec. 964.070. CONFIDENTIALITY. (a) Any information filed with the commissioner by an applicant or captive insurance company under this chapter is confidential and privileged for all purposes, including for purposes of Chapter 552, Government Code, a response to a subpoena, or evidence in a civil action. Except as provided by Subsections (b) and (c), the information may not be disclosed without the prior written consent of the applicant or captive insurance company to which the information pertains. (b) If the recipient of the information described by Subsection (a) has the legal authority to maintain the confidential or privileged status of the information and verifies that authority in writing, the commissioner or another person may disclose the information to any of the following entities functioning in an official capacity: (1) a commissioner of insurance or an insurance department of another state; (2) an authorized law enforcement official; (3) a district attorney of this state; (4) the attorney general; (5) a grand jury; (6) the National Association of Insurance Commissioners if the captive insurance company is affiliated with an insurance company that is part of an insurance holding company system as described in Chapter 823; (7) another state or federal regulator if the applicant or captive insurance company to which the information relates operates in the entity's jurisdiction; (8) an international insurance regulator or analogous financial agency if the captive insurance company is affiliated with an insurance company that is part of an insurance holding company system as described in Chapter 823 and the holding company system operates in the entity's jurisdiction; or (9) members of a supervisory college described by Section 823.0145, if the captive insurance company is affiliated with an insurance company that is part of an insurance holding company system as described in Chapter 823. (c) The commissioner may use information described by Subsection (a) in the furtherance of a legal or regulatory action relating to the administration of this code. (d) The secretary of state may index in the public record any document filed with the secretary by an applicant or captive insurance company. Added by Acts 2013, 83rd Leg., R.S., Ch. 569 (S.B. 734), Sec. 2, eff. June 14, 2013. Amended by: Acts 2017, 85th Leg., R.S., Ch. 1050 (H.B. 1944), Sec. 1.16, eff. June 15, 2017.