INSURANCE CODE

CHAPTER 34. IMMUNITY FROM LIABILITY


	§ 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, § 1, eff. Sept. 1, 1999.           


	§ 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, § 1, eff. Sept. 1, 1999.           


	§ 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, § 1, eff. Sept. 1, 1999.           


	§ 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 Article 1.11 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, § 1, eff. Sept. 1, 1999.           


	§ 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, § 1, eff. Sept. 1, 1999.