2005 Texas Insurance Code CHAPTER 702. MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD REPORTING

INSURANCE CODE

CHAPTER 702. MOTOR VEHICLE THEFT AND MOTOR VEHICLE INSURANCE FRAUD 
REPORTING


	§ 702.001. DEFINITIONS.  In this chapter:                                   
		(1)  "Authorized governmental agency" means:                                  
			(A)  the Department of Public Safety;                                        
			(B)  a police department of a municipality;                                  
			(C)  a sheriff's department;                                                 
			(D)  a criminal investigative department or 
agency of the United States;  or
			(E)  the prosecuting attorney of:                                            
				(i)  a municipality, judicial district, or 
county of this state;          
				(ii)  the United States;  or                                                
				(iii)  a judicial district of the United 
States.                          
		(2)  "Insurer" means an insurer that is:                                      
			(A)  authorized to write motor vehicle insurance 
in this state;  or        
			(B)  liable for a loss due to motor vehicle theft 
or motor vehicle insurance fraud.

Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.          


	§ 702.002. INSURER'S DUTY TO PROVIDE INFORMATION.  (a) On 
the written request of an authorized governmental agency to an 
insurer, the insurer or an agent authorized by the insurer to act on 
the insurer's behalf shall release to the agency any relevant 
information the insurer has that:
		(1)  is requested by the agency;  and                                         
		(2)  relates to a specific motor vehicle theft or motor 
vehicle insurance fraud.
	(b)  In this section, relevant information includes:                           
		(1)  insurance policy information relevant to the 
specific motor vehicle theft or motor vehicle insurance fraud under 
investigation, including any application for the policy;
		(2)  available policy premium payment records;                                
		(3)  the history of previous claims made by the 
insured;  and               
		(4)  information relating to the investigation of the 
motor vehicle theft or motor vehicle insurance fraud, including 
statements of any person, proofs of loss, and notices of loss.

Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.          


	§ 702.003. INSURER'S DUTY TO NOTIFY GOVERNMENTAL 
AGENCY.  (a) An insurer or an agent authorized by an insurer to act 
on the insurer's behalf shall notify an authorized governmental 
agency if it:
		(1)  knows or reasonably believes it knows the identity 
of a person who it has reason to believe committed a criminal or 
fraudulent act relating to a motor vehicle theft or motor vehicle 
insurance claim;  or
		(2)  knows of a criminal fraudulent act relating to a 
motor vehicle theft or motor vehicle insurance claim that it 
reasonably believes has not been reported to an authorized 
governmental agency.
	(b)  Notice provided under this section to one authorized 
governmental agency is sufficient notice to each other authorized 
governmental agency.  This subsection does not affect the rights 
and duties created under Section 702.002.

Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.          


	§ 702.004. DISCLOSURE OF INFORMATION TO CERTAIN 
AGENCIES.  An authorized governmental agency provided information 
under Section 702.002 or 702.003 may provide the information to 
another authorized governmental agency.

Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.          


	§ 702.005. INFORMATION PRIVILEGED.  (a) Information 
provided under this chapter is privileged and is not a public 
record.  Except as otherwise provided by law, an entity that 
receives information provided under this chapter may not release 
the information to the public.
	(b)  Evidence or information provided under this chapter is 
not subject to a subpoena ad testificandum or a subpoena duces tecum 
in a civil or criminal proceeding unless, after reasonable notice 
to an insurer, agent authorized by an insurer to act on the 
insurer's behalf, or authorized governmental agency that has an 
interest in the information and after a hearing, a court determines 
that obeying the subpoena would not jeopardize the public interest 
and any ongoing investigation by the insurer, agent, or authorized 
governmental agency.

Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.          


	§ 702.006. IMMUNITY FOR PROVIDING INFORMATION.  (a) An 
insurer or a person who provides information on an insurer's behalf 
is not liable for damages in a civil action or subject to criminal 
prosecution for oral or written statements made or any other action 
taken necessary to provide information as required by this chapter.
	(b)  Subsection (a) does not apply to an insurer or person 
who acts with malice or fraudulent intent.

Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.