The Title IV-D agency must run an insurance reporting program, and insurers must cooperate with it to identify certain obligors and intercept some insurance settlements or awards for child support arrears.
Sec. 231.015. INSURANCE REPORTING PROGRAM. (a) In consultation with the Texas Department of Insurance and representatives of the insurance industry in this state, including insurance trade associations, the Title IV-D agency by rule shall operate a program under which insurers shall cooperate with the Title IV-D agency in identifying obligors who owe child support arrearages and are subject to liens for child support arrearages to intercept certain insurance settlements or awards for claims in satisfaction of the arrearage amounts. (b) An insurer that provides information or responds to a notice of child support lien or levy under Subchapter G, Chapter 157, or acts in good faith to comply with procedures established by the Title IV-D agency under this section is not liable for those acts under any law to any person. (c) An insurer may not be required to report or identify the following types of claims: (1) a first-party property damage claim under: (A) a personal automobile insurance policy for actual repair, replacement, or loss of use of an insured vehicle; or (B) a residential or tenant property insurance policy for actual repair, replacement, or loss of use of an insured dwelling and contents, including additional living expenses actually incurred; (2) a third-party property damage claim: (A) that will be paid to a vendor or repair facility for the actual repair, replacement, or loss of use of: (i) a dwelling, condominium, or other improvements on real property; (ii) a vehicle, including a motor vehicle, motorcycle, or recreational vehicle; or (iii) other tangible personal property that has sustained actual damage or loss; or (B) for the reimbursement to a claimant for payments made by the claimant to a vendor or repair facility for the actual repair, replacement, or loss of use of: (i) a dwelling, condominium, or other improvements on real property; (ii) a vehicle, including a motor vehicle, motorcycle, or recreational vehicle; or (iii) other tangible personal property that has sustained actual damage or loss; (3) a claim for benefits, or a portion of a claim for benefits, assigned to be paid to a funeral service provider or facility for actual funeral expenses owed by the insured that are not otherwise paid or reimbursed; (4) a claim for benefits assigned to be paid to a health care provider or facility for actual medical expenses owed by the insured that are not otherwise paid or reimbursed; or (5) a claim for benefits to be paid under a limited benefit insurance policy that provides: (A) coverage for one or more specified diseases or illnesses; (B) dental or vision benefits; or (C) hospital indemnity or other fixed indemnity coverage. Added by Acts 2001, 77th Leg., ch. 1023, Sec. 52, eff. Sept. 1, 2001. Amended by: Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 27, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 508 (H.B. 1674), Sec. 12, eff. September 1, 2011. Acts 2015, 84th Leg., R.S., Ch. 1185 (S.B. 1174), Sec. 1, eff. June 19, 2015. Acts 2017, 85th Leg., R.S., Ch. 902 (H.B. 3845), Sec. 1, eff. June 15, 2017.