80C52(2) PEP

 

SECTION ____.  CONFORMING AMENDMENT.  Subchapter A, Chapter 32, Insurance Code, is amended by adding Sections 32.0015 and 32.004 to read as follows:

Sec. 32.0015.  FILING ARTICLES OF INCORPORATION AND OTHER PAPERS; CERTIFIED COPIES.  (a)  The department shall file and maintain in a department office:

(1)  all insurance companies' acts or articles of incorporation; and

(2)  any other paper required by law to be filed with the department.

(b)  The department shall provide a certified copy of a document described by Subsection (a)(1) or (2) to a party interested in the document who:

(1)  submits an application; and

(2)  pays the fee prescribed by law.  (V.T.I.C. Art. 1.10, Sec. 2.)

Sec. 32.004.  PUBLICATION OF RESULTS OF EXAMINATION.  Except as specifically provided by Chapter 401 or 751 or another provision of this code, the department shall publish the results of an examination of a company's affairs if the commissioner determines that publication is in the public interest.  (V.T.I.C. Art. 1.10, Sec. 6.)

Source Law

Art. 1.10.  In addition to the other duties required of the department, the department shall perform duties as follows:

2.  File Articles of Incorporation and Other Papers.  File and preserve in its office all acts or articles of incorporation of insurance companies and all other papers required by law to be deposited with the Department and, upon application of any party interested therein, furnish certified copies thereof upon payment of the fees prescribed by law.

6.  Shall Publish Results of Investigation.  The Department shall publish the result of an examination of the affairs of any company whenever the Commissioner deems it for the interest of the public.

Revisor's Note

(1)  V.T.I.C. Article 1.10 states that the Texas Department of Insurance shall perform certain duties "[i]n addition to the other duties required of the department."  The revised law omits the quoted language as unnecessary.  An accepted general principle of statutory construction requires a statute to be given cumulative effect with other statutes unless it provides otherwise or unless the statutes are in conflict.  The general principle applies to this revision.

(2)  Section 6, V.T.I.C. Article 1.10, requires the Texas Department of Insurance to publish the results of an examination of a company's affairs when the commissioner of insurance determines that publication is in the public interest.  Section 6 was amended by Section 1.07, Chapter 685, Acts of the 73rd Legislature, Regular Session, 1993, to reflect the abolishment of the State Board of Insurance but has not been substantively amended since the Insurance Code was enacted by Chapter 491, Acts of the 52nd Legislature, Regular Session, 1951.  The Insurance Code now includes several specific exceptions to the general rule stated in Section 6.  For example, Section 401.058, Insurance Code, provides that certain final or preliminary examination reports and related information are confidential during supervision or conservatorship.  Section 401.058 is derived from former Section 9, V.T.I.C. Article 1.15, added by Section 7.05, Chapter 685, Acts of the 73rd Legislature, Regular Session, 1993.  Similarly, Section 751.207, Insurance Code, added by Chapter 291, Acts of the 79th Legislature, Regular Session, 2005, governs the confidentiality of a final or preliminary market conduct examination report and related information.  The revised law contains a reference to those exceptions for the convenience of the reader.