State Codes and Statutes

Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-2001-general-provisions-fire-insurance-and-allied-lines-including-residential-property-insur

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

SUBTITLE D. FIRE INSURANCE AND ALLIED LINES,

INCLUDING RESIDENTIAL PROPERTY INSURANCE

CHAPTER 2001. GENERAL PROVISIONS: FIRE INSURANCE AND ALLIED

LINES, INCLUDING RESIDENTIAL PROPERTY INSURANCE

Sec. 2001.001. APPLICABILITY OF SUBTITLE. (a) Each insurance

policy or contract insuring property in this state against loss

by fire, including a policy or contract or portion of a policy or

contract that insures the shore end of a marine risk against loss

by fire, must be issued in accordance with:

(1) this chapter;

(2) Section 403.002;

(3) Subchapter C, Chapter 5;

(4) Subchapter H, Chapter 544;

(5) Subchapter D, Chapter 1806; and

(6) Chapters 252, 2002, 2003, 2004, 2005, 2006, and 2171.

(b) An insurer issuing an insurance policy or contract described

by Subsection (a), including a fire insurance company, marine

insurance company, fire and marine insurance company, and fire

and tornado insurance company, is governed by the laws described

by Subsection (a).

(c) This section applies to an insurer or to an insurance policy

or contract regardless of:

(1) the kind and character of property insured;

(2) whether the property is:

(A) fixed or movable;

(B) stationary or in transit; or

(C) consigned or billed for shipment inside or outside the

boundaries of this state or to a foreign country;

(3) whether the insurer is organized:

(A) under the laws of this state, another state, territory, or

possession of the United States, or a foreign country; or

(B) by authority of the federal government; or

(4) the kind of insurer or the name of the insurer issuing the

policy or contract.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.002. RATES. (a) Rates for all lines of insurance

subject to a law described by Section 2001.001(a) are determined

as provided by Chapter 2251 and Article 5.13-2.

(b) The requirement imposed by Subsection (a) does not affect

the requirement for the commissioner to conduct inspections of

commercial property and prescribe a manual of rules and rating

schedules for commercial property under a law described by

Section 2001.001(a).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.003. AUTHORITY TO REQUIRE SWORN STATEMENTS. For an

insurer described by Section 2001.001, the department may require

from the insurer or a director, officer, representative, or agent

of the insurer a sworn statement covering any period that states:

(1) the rates and premiums collected for fire insurance on each

class of risks and on all property in this state;

(2) the causes of fire, if known to the insurer or individual or

if the insurer or individual possesses relevant information or

data or can obtain the information or data at reasonable expense;

and

(3) all necessary facts and information to allow the department

to determine enforcement and to enforce a law described by

Section 2001.001(a).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.004. AUTHORITY TO INSPECT AND TAKE TESTIMONY REGARDING

RECORDS. (a) The commissioner or a person authorized by the

commissioner may:

(1) visit:

(A) a general, local, or other office of an insurer engaged in

the business of insurance in this state;

(B) the insurer's home office located outside this state, if

applicable; and

(C) the office of any of the insurer's officers, directors,

agents, or other representatives; and

(2) require the insurer or an officer, director, agent, or other

representative of the insurer to produce for inspection by the

commissioner or the commissioner's authorized representative all

of the books, records, and papers of the insurer, officer,

director, agent, or representative.

(b) The commissioner or the commissioner's authorized

representative may:

(1) examine and make or have made copies of the books, records,

and papers described by Subsection (a); and

(2) take testimony under oath regarding the books, records, and

papers and compel the attendance of witnesses for that purpose.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.005. AUTHORITY TO REQUIRE PROVISION OF DATA. The

department may require:

(1) any or all of the fire insurance companies engaged in the

business of insurance in this state to jointly or separately

provide to the department any data the company or companies

possess, including maps, tariffs, inspection reports, and any

data affecting fire insurance risks in this state or any part of

this state; and

(2) any two or more of those companies or any joint agents or

representatives of the companies to provide to the department for

use in implementing a law described by Section 2001.001(a) any

data the companies, agents, or representatives possess.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.006. REPORT OF INFORMATION RELATING TO CERTAIN FIRE

LOSSES. (a) The state fire marshal, a fire marshal of a

political subdivision of this state, the chief of a fire

department in this state, or a peace officer in this state may

request an insurer investigating a fire loss of property in which

damages or losses exceed $1,000 to release information in the

insurer's possession relating to that loss. The insurer shall

release the requested information and cooperate with the

official. The requested information may include only:

(1) an insurance policy relevant to the fire loss under

investigation and any application for a policy;

(2) policy premium payment records;

(3) the history of the insured's previous claims for fire loss;

and

(4) material relating to the investigation of the loss,

including:

(A) statements of any person;

(B) proof of loss; or

(C) other relevant evidence.

(b) This section does not authorize a public official or agency

to adopt or require any type of periodic report by an insurer.

(c) An insurer that has reason to suspect that a fire loss to

the property of a person insured by the insurer was caused by

incendiary means and that receives a request for information

under Subsection (a) shall:

(1) notify the requesting official and provide the official with

all relevant material acquired during the insurer's investigation

of the fire loss;

(2) cooperate with and take any action requested of the insurer

by a law enforcement agency; and

(3) permit a person ordered by a court to inspect any of the

insurer's records relating to the insurance policy and the loss.

(d) In the absence of fraud or malice, an insurer or a person

who provided information on the insurer's behalf is not liable

for damages in a civil action or subject to criminal prosecution

for an oral or written statement made or any other action taken

that is necessary to supply information required under this

section.

(e) An official or a department or agency employee who receives

information under this section shall maintain the confidentiality

of the information until the information is required to be

released in a criminal or civil proceeding.

(f) An official described by Subsection (a) may be required to

testify as to any information in the official's possession

regarding the fire loss of property in a civil action in which a

person seeks recovery for the loss from an insurer under an

insurance policy.

(g) A person may not intentionally:

(1) refuse to release information requested under Subsection

(a);

(2) refuse to notify the fire marshal of a fire loss required to

be reported under Subsection (c);

(3) refuse to provide the fire marshal with relevant information

required to be provided under Subsection (c); or

(4) fail to maintain the confidentiality of information that is

confidential under Subsection (e).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.007. CRIMINAL PENALTY. (a) An officer or director of

a fire insurance company described by Section 2001.001, or an

agent or person acting on behalf of or employed by a fire

insurance company described by Section 2001.001, commits an

offense if the officer, director, agent, or person intentionally:

(1) performs or causes to be performed, alone or in conjunction

with a corporation, company, or person, an act prohibited by a

law described by Section 2001.001(a);

(2) fails to perform an act required to be performed by a law

described by Section 2001.001(a);

(3) permits an act prohibited by a law described by Section

2001.001(a); or

(4) otherwise violates a law described by Section 2001.001(a).

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $300 or more than $1,000.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.008. IMMUNITY FROM PROSECUTION. (a) A person is not

excused from giving testimony or producing evidence when legally

required at the trial of another person charged with violating a

law relating to fire insurance on the ground that the testimony

or evidence may incriminate the person under the laws of this

state.

(b) A person may not be prosecuted or subjected to a penalty or

forfeiture for or because of a transaction, matter, or thing

about which the person testifies or produces evidence under this

section.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.009. LIMITATION ON COMPENSATION AND EXPENSES. The

total amount of necessary compensation for experts, clerical

personnel, and other department employees and necessary expenses,

including travel expenses, incurred by the department in

implementing the laws described by Section 2001.001(a) may not

exceed the amount of the assessments on the gross premiums of all

fire insurance companies engaged in the business of insurance in

this state.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.010. PUBLIC GUIDE RELATING TO COMMERCIAL PROPERTY

RATING. (a) In this section, "rating agency" means a public or

private legal entity that is authorized to conduct commercial

property rating in this state.

(b) The commissioner shall make available to the public a

generalized guide that:

(1) summarizes the procedures used by the department or other

rating agency to rate nonresidential commercial buildings in this

state; and

(2) specifies how different construction elements and techniques

used in a building project affect the insurance rating of the

completed building.

(c) The commissioner may charge a reasonable fee to cover the

administrative costs of producing and distributing the guide.

(d) The commissioner shall review the information in the guide

in January of each odd-numbered year and shall revise the guide

as necessary to incorporate any changes that have occurred in the

preceding biennium that affect the information.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-2001-general-provisions-fire-insurance-and-allied-lines-including-residential-property-insur

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

SUBTITLE D. FIRE INSURANCE AND ALLIED LINES,

INCLUDING RESIDENTIAL PROPERTY INSURANCE

CHAPTER 2001. GENERAL PROVISIONS: FIRE INSURANCE AND ALLIED

LINES, INCLUDING RESIDENTIAL PROPERTY INSURANCE

Sec. 2001.001. APPLICABILITY OF SUBTITLE. (a) Each insurance

policy or contract insuring property in this state against loss

by fire, including a policy or contract or portion of a policy or

contract that insures the shore end of a marine risk against loss

by fire, must be issued in accordance with:

(1) this chapter;

(2) Section 403.002;

(3) Subchapter C, Chapter 5;

(4) Subchapter H, Chapter 544;

(5) Subchapter D, Chapter 1806; and

(6) Chapters 252, 2002, 2003, 2004, 2005, 2006, and 2171.

(b) An insurer issuing an insurance policy or contract described

by Subsection (a), including a fire insurance company, marine

insurance company, fire and marine insurance company, and fire

and tornado insurance company, is governed by the laws described

by Subsection (a).

(c) This section applies to an insurer or to an insurance policy

or contract regardless of:

(1) the kind and character of property insured;

(2) whether the property is:

(A) fixed or movable;

(B) stationary or in transit; or

(C) consigned or billed for shipment inside or outside the

boundaries of this state or to a foreign country;

(3) whether the insurer is organized:

(A) under the laws of this state, another state, territory, or

possession of the United States, or a foreign country; or

(B) by authority of the federal government; or

(4) the kind of insurer or the name of the insurer issuing the

policy or contract.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.002. RATES. (a) Rates for all lines of insurance

subject to a law described by Section 2001.001(a) are determined

as provided by Chapter 2251 and Article 5.13-2.

(b) The requirement imposed by Subsection (a) does not affect

the requirement for the commissioner to conduct inspections of

commercial property and prescribe a manual of rules and rating

schedules for commercial property under a law described by

Section 2001.001(a).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.003. AUTHORITY TO REQUIRE SWORN STATEMENTS. For an

insurer described by Section 2001.001, the department may require

from the insurer or a director, officer, representative, or agent

of the insurer a sworn statement covering any period that states:

(1) the rates and premiums collected for fire insurance on each

class of risks and on all property in this state;

(2) the causes of fire, if known to the insurer or individual or

if the insurer or individual possesses relevant information or

data or can obtain the information or data at reasonable expense;

and

(3) all necessary facts and information to allow the department

to determine enforcement and to enforce a law described by

Section 2001.001(a).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.004. AUTHORITY TO INSPECT AND TAKE TESTIMONY REGARDING

RECORDS. (a) The commissioner or a person authorized by the

commissioner may:

(1) visit:

(A) a general, local, or other office of an insurer engaged in

the business of insurance in this state;

(B) the insurer's home office located outside this state, if

applicable; and

(C) the office of any of the insurer's officers, directors,

agents, or other representatives; and

(2) require the insurer or an officer, director, agent, or other

representative of the insurer to produce for inspection by the

commissioner or the commissioner's authorized representative all

of the books, records, and papers of the insurer, officer,

director, agent, or representative.

(b) The commissioner or the commissioner's authorized

representative may:

(1) examine and make or have made copies of the books, records,

and papers described by Subsection (a); and

(2) take testimony under oath regarding the books, records, and

papers and compel the attendance of witnesses for that purpose.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.005. AUTHORITY TO REQUIRE PROVISION OF DATA. The

department may require:

(1) any or all of the fire insurance companies engaged in the

business of insurance in this state to jointly or separately

provide to the department any data the company or companies

possess, including maps, tariffs, inspection reports, and any

data affecting fire insurance risks in this state or any part of

this state; and

(2) any two or more of those companies or any joint agents or

representatives of the companies to provide to the department for

use in implementing a law described by Section 2001.001(a) any

data the companies, agents, or representatives possess.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.006. REPORT OF INFORMATION RELATING TO CERTAIN FIRE

LOSSES. (a) The state fire marshal, a fire marshal of a

political subdivision of this state, the chief of a fire

department in this state, or a peace officer in this state may

request an insurer investigating a fire loss of property in which

damages or losses exceed $1,000 to release information in the

insurer's possession relating to that loss. The insurer shall

release the requested information and cooperate with the

official. The requested information may include only:

(1) an insurance policy relevant to the fire loss under

investigation and any application for a policy;

(2) policy premium payment records;

(3) the history of the insured's previous claims for fire loss;

and

(4) material relating to the investigation of the loss,

including:

(A) statements of any person;

(B) proof of loss; or

(C) other relevant evidence.

(b) This section does not authorize a public official or agency

to adopt or require any type of periodic report by an insurer.

(c) An insurer that has reason to suspect that a fire loss to

the property of a person insured by the insurer was caused by

incendiary means and that receives a request for information

under Subsection (a) shall:

(1) notify the requesting official and provide the official with

all relevant material acquired during the insurer's investigation

of the fire loss;

(2) cooperate with and take any action requested of the insurer

by a law enforcement agency; and

(3) permit a person ordered by a court to inspect any of the

insurer's records relating to the insurance policy and the loss.

(d) In the absence of fraud or malice, an insurer or a person

who provided information on the insurer's behalf is not liable

for damages in a civil action or subject to criminal prosecution

for an oral or written statement made or any other action taken

that is necessary to supply information required under this

section.

(e) An official or a department or agency employee who receives

information under this section shall maintain the confidentiality

of the information until the information is required to be

released in a criminal or civil proceeding.

(f) An official described by Subsection (a) may be required to

testify as to any information in the official's possession

regarding the fire loss of property in a civil action in which a

person seeks recovery for the loss from an insurer under an

insurance policy.

(g) A person may not intentionally:

(1) refuse to release information requested under Subsection

(a);

(2) refuse to notify the fire marshal of a fire loss required to

be reported under Subsection (c);

(3) refuse to provide the fire marshal with relevant information

required to be provided under Subsection (c); or

(4) fail to maintain the confidentiality of information that is

confidential under Subsection (e).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.007. CRIMINAL PENALTY. (a) An officer or director of

a fire insurance company described by Section 2001.001, or an

agent or person acting on behalf of or employed by a fire

insurance company described by Section 2001.001, commits an

offense if the officer, director, agent, or person intentionally:

(1) performs or causes to be performed, alone or in conjunction

with a corporation, company, or person, an act prohibited by a

law described by Section 2001.001(a);

(2) fails to perform an act required to be performed by a law

described by Section 2001.001(a);

(3) permits an act prohibited by a law described by Section

2001.001(a); or

(4) otherwise violates a law described by Section 2001.001(a).

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $300 or more than $1,000.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.008. IMMUNITY FROM PROSECUTION. (a) A person is not

excused from giving testimony or producing evidence when legally

required at the trial of another person charged with violating a

law relating to fire insurance on the ground that the testimony

or evidence may incriminate the person under the laws of this

state.

(b) A person may not be prosecuted or subjected to a penalty or

forfeiture for or because of a transaction, matter, or thing

about which the person testifies or produces evidence under this

section.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.009. LIMITATION ON COMPENSATION AND EXPENSES. The

total amount of necessary compensation for experts, clerical

personnel, and other department employees and necessary expenses,

including travel expenses, incurred by the department in

implementing the laws described by Section 2001.001(a) may not

exceed the amount of the assessments on the gross premiums of all

fire insurance companies engaged in the business of insurance in

this state.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.010. PUBLIC GUIDE RELATING TO COMMERCIAL PROPERTY

RATING. (a) In this section, "rating agency" means a public or

private legal entity that is authorized to conduct commercial

property rating in this state.

(b) The commissioner shall make available to the public a

generalized guide that:

(1) summarizes the procedures used by the department or other

rating agency to rate nonresidential commercial buildings in this

state; and

(2) specifies how different construction elements and techniques

used in a building project affect the insurance rating of the

completed building.

(c) The commissioner may charge a reasonable fee to cover the

administrative costs of producing and distributing the guide.

(d) The commissioner shall review the information in the guide

in January of each odd-numbered year and shall revise the guide

as necessary to incorporate any changes that have occurred in the

preceding biennium that affect the information.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.


State Codes and Statutes


Back To Homepage

State Codes and Statutes

Statutes > Texas > Insurance-code > Title-10-property-and-casualty-insurance > Chapter-2001-general-provisions-fire-insurance-and-allied-lines-including-residential-property-insur

INSURANCE CODE

TITLE 10. PROPERTY AND CASUALTY INSURANCE

SUBTITLE D. FIRE INSURANCE AND ALLIED LINES,

INCLUDING RESIDENTIAL PROPERTY INSURANCE

CHAPTER 2001. GENERAL PROVISIONS: FIRE INSURANCE AND ALLIED

LINES, INCLUDING RESIDENTIAL PROPERTY INSURANCE

Sec. 2001.001. APPLICABILITY OF SUBTITLE. (a) Each insurance

policy or contract insuring property in this state against loss

by fire, including a policy or contract or portion of a policy or

contract that insures the shore end of a marine risk against loss

by fire, must be issued in accordance with:

(1) this chapter;

(2) Section 403.002;

(3) Subchapter C, Chapter 5;

(4) Subchapter H, Chapter 544;

(5) Subchapter D, Chapter 1806; and

(6) Chapters 252, 2002, 2003, 2004, 2005, 2006, and 2171.

(b) An insurer issuing an insurance policy or contract described

by Subsection (a), including a fire insurance company, marine

insurance company, fire and marine insurance company, and fire

and tornado insurance company, is governed by the laws described

by Subsection (a).

(c) This section applies to an insurer or to an insurance policy

or contract regardless of:

(1) the kind and character of property insured;

(2) whether the property is:

(A) fixed or movable;

(B) stationary or in transit; or

(C) consigned or billed for shipment inside or outside the

boundaries of this state or to a foreign country;

(3) whether the insurer is organized:

(A) under the laws of this state, another state, territory, or

possession of the United States, or a foreign country; or

(B) by authority of the federal government; or

(4) the kind of insurer or the name of the insurer issuing the

policy or contract.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.002. RATES. (a) Rates for all lines of insurance

subject to a law described by Section 2001.001(a) are determined

as provided by Chapter 2251 and Article 5.13-2.

(b) The requirement imposed by Subsection (a) does not affect

the requirement for the commissioner to conduct inspections of

commercial property and prescribe a manual of rules and rating

schedules for commercial property under a law described by

Section 2001.001(a).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.003. AUTHORITY TO REQUIRE SWORN STATEMENTS. For an

insurer described by Section 2001.001, the department may require

from the insurer or a director, officer, representative, or agent

of the insurer a sworn statement covering any period that states:

(1) the rates and premiums collected for fire insurance on each

class of risks and on all property in this state;

(2) the causes of fire, if known to the insurer or individual or

if the insurer or individual possesses relevant information or

data or can obtain the information or data at reasonable expense;

and

(3) all necessary facts and information to allow the department

to determine enforcement and to enforce a law described by

Section 2001.001(a).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.004. AUTHORITY TO INSPECT AND TAKE TESTIMONY REGARDING

RECORDS. (a) The commissioner or a person authorized by the

commissioner may:

(1) visit:

(A) a general, local, or other office of an insurer engaged in

the business of insurance in this state;

(B) the insurer's home office located outside this state, if

applicable; and

(C) the office of any of the insurer's officers, directors,

agents, or other representatives; and

(2) require the insurer or an officer, director, agent, or other

representative of the insurer to produce for inspection by the

commissioner or the commissioner's authorized representative all

of the books, records, and papers of the insurer, officer,

director, agent, or representative.

(b) The commissioner or the commissioner's authorized

representative may:

(1) examine and make or have made copies of the books, records,

and papers described by Subsection (a); and

(2) take testimony under oath regarding the books, records, and

papers and compel the attendance of witnesses for that purpose.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.005. AUTHORITY TO REQUIRE PROVISION OF DATA. The

department may require:

(1) any or all of the fire insurance companies engaged in the

business of insurance in this state to jointly or separately

provide to the department any data the company or companies

possess, including maps, tariffs, inspection reports, and any

data affecting fire insurance risks in this state or any part of

this state; and

(2) any two or more of those companies or any joint agents or

representatives of the companies to provide to the department for

use in implementing a law described by Section 2001.001(a) any

data the companies, agents, or representatives possess.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.006. REPORT OF INFORMATION RELATING TO CERTAIN FIRE

LOSSES. (a) The state fire marshal, a fire marshal of a

political subdivision of this state, the chief of a fire

department in this state, or a peace officer in this state may

request an insurer investigating a fire loss of property in which

damages or losses exceed $1,000 to release information in the

insurer's possession relating to that loss. The insurer shall

release the requested information and cooperate with the

official. The requested information may include only:

(1) an insurance policy relevant to the fire loss under

investigation and any application for a policy;

(2) policy premium payment records;

(3) the history of the insured's previous claims for fire loss;

and

(4) material relating to the investigation of the loss,

including:

(A) statements of any person;

(B) proof of loss; or

(C) other relevant evidence.

(b) This section does not authorize a public official or agency

to adopt or require any type of periodic report by an insurer.

(c) An insurer that has reason to suspect that a fire loss to

the property of a person insured by the insurer was caused by

incendiary means and that receives a request for information

under Subsection (a) shall:

(1) notify the requesting official and provide the official with

all relevant material acquired during the insurer's investigation

of the fire loss;

(2) cooperate with and take any action requested of the insurer

by a law enforcement agency; and

(3) permit a person ordered by a court to inspect any of the

insurer's records relating to the insurance policy and the loss.

(d) In the absence of fraud or malice, an insurer or a person

who provided information on the insurer's behalf is not liable

for damages in a civil action or subject to criminal prosecution

for an oral or written statement made or any other action taken

that is necessary to supply information required under this

section.

(e) An official or a department or agency employee who receives

information under this section shall maintain the confidentiality

of the information until the information is required to be

released in a criminal or civil proceeding.

(f) An official described by Subsection (a) may be required to

testify as to any information in the official's possession

regarding the fire loss of property in a civil action in which a

person seeks recovery for the loss from an insurer under an

insurance policy.

(g) A person may not intentionally:

(1) refuse to release information requested under Subsection

(a);

(2) refuse to notify the fire marshal of a fire loss required to

be reported under Subsection (c);

(3) refuse to provide the fire marshal with relevant information

required to be provided under Subsection (c); or

(4) fail to maintain the confidentiality of information that is

confidential under Subsection (e).

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.007. CRIMINAL PENALTY. (a) An officer or director of

a fire insurance company described by Section 2001.001, or an

agent or person acting on behalf of or employed by a fire

insurance company described by Section 2001.001, commits an

offense if the officer, director, agent, or person intentionally:

(1) performs or causes to be performed, alone or in conjunction

with a corporation, company, or person, an act prohibited by a

law described by Section 2001.001(a);

(2) fails to perform an act required to be performed by a law

described by Section 2001.001(a);

(3) permits an act prohibited by a law described by Section

2001.001(a); or

(4) otherwise violates a law described by Section 2001.001(a).

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $300 or more than $1,000.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.008. IMMUNITY FROM PROSECUTION. (a) A person is not

excused from giving testimony or producing evidence when legally

required at the trial of another person charged with violating a

law relating to fire insurance on the ground that the testimony

or evidence may incriminate the person under the laws of this

state.

(b) A person may not be prosecuted or subjected to a penalty or

forfeiture for or because of a transaction, matter, or thing

about which the person testifies or produces evidence under this

section.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.009. LIMITATION ON COMPENSATION AND EXPENSES. The

total amount of necessary compensation for experts, clerical

personnel, and other department employees and necessary expenses,

including travel expenses, incurred by the department in

implementing the laws described by Section 2001.001(a) may not

exceed the amount of the assessments on the gross premiums of all

fire insurance companies engaged in the business of insurance in

this state.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.

Sec. 2001.010. PUBLIC GUIDE RELATING TO COMMERCIAL PROPERTY

RATING. (a) In this section, "rating agency" means a public or

private legal entity that is authorized to conduct commercial

property rating in this state.

(b) The commissioner shall make available to the public a

generalized guide that:

(1) summarizes the procedures used by the department or other

rating agency to rate nonresidential commercial buildings in this

state; and

(2) specifies how different construction elements and techniques

used in a building project affect the insurance rating of the

completed building.

(c) The commissioner may charge a reasonable fee to cover the

administrative costs of producing and distributing the guide.

(d) The commissioner shall review the information in the guide

in January of each odd-numbered year and shall revise the guide

as necessary to incorporate any changes that have occurred in the

preceding biennium that affect the information.

Added by Acts 2005, 79th Leg., Ch.

727, Sec. 2, eff. April 1, 2007.


Disclaimer
There is no confidential attorney-client relationship formed by using Laws.com website and information provided on this site is not legal advice. For legal advice, please contact your attorney. Attorneys listed on this website are not referred or endorsed by this website. By using Laws.com you agree to Laws.com Terms Of Use.
Copyright © 2017 Laws.com | All rights reserved

Loading..

Close Window

Loading, Please Wait!

This may take a second or two.