87(R) HB 4313 - House Committee Report version - Bill Text

	By:  Vo	H.B.  No.  4313

	A BILL TO BE ENTITLED
	AN ACT
	relating to the enforcement of insurance laws, including laws
	governing the unauthorized business of insurance; authorizing
	administrative penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 36.157(b), Insurance Code, is amended to
	read as follows:
	(b)    On certification by the commissioner under official
	seal, testimony taken or records produced under this subchapter or
	acquired in response to a request for information under Section
	101.104 and held by the department are admissible in evidence in a
	case without:
	(1)    prior proof of correctness; and
	(2)    proof, other than the certificate of the
	commissioner, that the testimony or records were received from the
	person testifying or producing the records.
	SECTION  2.    Section 36.158(a), Insurance Code, is amended to
	read as follows:
	(a)    A record or other evidence acquired under a subpoena
	under this subchapter or in response to a request for information
	under Section 101.104 is not a public record for the period the
	commissioner considers reasonably necessary to:
	(1)    complete the investigation;
	(2)    protect the person being investigated from
	unwarranted injury; or
	(3)    serve the public interest.
	SECTION  3.    Section 83.051, Insurance Code, is amended to
	read as follows:
	Sec.  83.051.    AUTHORITY OF COMMISSIONER TO ISSUE ORDER. (a)
	The commissioner ex parte may issue an emergency cease and desist
	order if:
	(1)    the commissioner believes that:
	(A)    an authorized person engaging in the business
	of insurance is:
	(i)    committing an unfair act; or
	(ii)    in a hazardous condition or a
	hazardous financial condition under Section 843.406 or Subchapter
	A, Chapter 404, as determined by the commissioner; or
	(B)    an unauthorized person:
	(i)    is engaging in the business of
	insurance in violation of Chapter 101 or in violation of a rule
	adopted under that chapter; and [or]
	(ii)    does not meet a statutory exception or
	exemption  [is engaging in the business of insurance in violation of
	Chapter 101 and is committing an unfair act]; and
	(2)    with respect to conduct described by Subdivision
	(1)(A),  it appears to the commissioner that the alleged conduct:
	(A)    is fraudulent;
	(B)    is hazardous or creates an immediate danger
	to the public safety; or
	(C)    is causing or can be reasonably expected to
	cause public injury that:
	(i)    is likely to occur at any moment;
	(ii)    is incapable of being repaired or
	rectified; and
	(iii)    has or is likely to have influence or
	effect.
	(b)    An order is final on the 61st [31st] day after the date
	it is served [received], unless the affected person requests a
	hearing under Section 83.053.
	SECTION  4.    Section 83.053(b), Insurance Code, is amended to
	read as follows:
	(b)    The affected person must request the hearing not later
	than the 60th [30th] day after the date on which the person is
	served with an [receives the] order required by Section 83.052.
	SECTION  5.    Sections 83.054(a), (b), and (c), Insurance
	Code, are amended to read as follows:
	(a)    On receiving a timely request for a hearing under
	Section 83.053, the department [commissioner] shall docket the case
	at the State Office of Administrative Hearings not later than the
	30th day after the date the department receives the request [serve
	notice of the time and place of the hearing].