CHAPTER 34. IMMUNITY FROM LIABILITY - Texas Statutes

INSURANCE CODE

TITLE 2. TEXAS DEPARTMENT OF INSURANCE

SUBTITLE A. ADMINISTRATION OF THE TEXAS DEPARTMENT OF INSURANCE

CHAPTER 34. IMMUNITY FROM LIABILITY

Sec. 34.001. PERSONAL IMMUNITY. A person who is the

commissioner or an employee of the department is not personally

liable in a civil action for:

(1) an act performed in good faith within the scope of that

person's authority; or

(2) damages caused by an official act or omission of that person

unless the act or omission is corrupt or malicious.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 34.002. IMMUNITY FOR FURNISHING INFORMATION RELATING TO

FRAUD. (a) A person is not liable in a civil action, including

an action for libel or slander, and a civil action may not be

brought against the person, for furnishing information relating

to suspected, anticipated, or completed fraudulent insurance acts

if the information is provided to or received from:

(1) the commissioner or an employee of the department;

(2) a law enforcement agency of this state, of another state, or

of the United States or an employee of the agency;

(3) the National Association of Insurance Commissioners or an

employee of the association; or

(4) a state or federal governmental agency established to detect

and prevent fraudulent insurance acts or to regulate the business

of insurance or an employee of the agency.

(b) A person may furnish information as described in Subsection

(a) orally or in writing, including through publishing,

disseminating, or filing bulletins or reports.

(c) Subsection (a) does not apply to a person who acts with

malice, fraudulent intent, or bad faith.

(d) A person to whom Subsection (a) applies who prevails in a

civil action arising from the furnishing of information as

described in Subsection (a) is entitled to attorney's fees and

costs if the action was not substantially justified. In this

subsection, "substantially justified" means there was a

reasonable basis in law or fact to bring the action at the time

the action was initiated.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 34.003. IMMUNITY FOR INVESTIGATIONS AND RELATED REPORTS.

(a) A person who is the commissioner or an employee, agent, or

designee of the department is not liable in a civil action,

including an action for libel or slander, because of:

(1) an investigation of a violation of this code or an alleged

fraudulent insurance act; or

(2) the publication or dissemination of an official report

related to the investigation.

(b) Subsection (a) does not apply to a person who acts with

malice.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Sec. 34.004. IMMUNITY FOR USE OF ANNUAL STATEMENT INFORMATION.

(a) A person is not liable in a civil action, including an

action for libel or slander, for collecting, reviewing,

analyzing, disseminating, or reporting information collected from

annual statements filed under Chapter 802 if the person is:

(1) the department, the commissioner, or an employee of the

department;

(2) a member or employee of or delegate to the National

Association of Insurance Commissioners or an authorized

committee, subcommittee, or task force of that association; or

(3) another person who is responsible for collecting, reviewing,

analyzing, and disseminating information from filed annual

statement convention blanks.

(b) Subsection (a) does not apply to a person who acts with

malice.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

730, Sec. 2B.001, eff. April 1, 2009.

Sec. 34.005. EFFECT OF CHAPTER ON OTHER IMMUNITY. This chapter

does not affect or modify any common law or statutory privilege

or immunity.

Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1,

1999.