Tex. Ins. Code Section 36.158
Access to Information

(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 (Request for Information) 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.

(b)

The record or other evidence is not subject to a subpoena, other than a grand jury subpoena, until:

(1)

the record or other evidence is released for public inspection by the commissioner; or

(2)

after notice and a hearing, a district court determines that obeying the subpoena would not jeopardize the public interest and any investigation by the commissioner.

(c)

Except for good cause, a district court order under Subsection (b) may not apply to:

(1)

a record or communication received from another law enforcement or regulatory agency; or

(2)

the internal notes, memoranda, reports, or communications made in connection with a matter that the commissioner has the authority to consider or investigate.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 60 (S.B. 1809), Sec. 2, eff. September 1, 2021.

Source: Section 36.158 — Access to Information, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­36.­htm#36.­158 (accessed May 11, 2024).

36.001
General Rulemaking Authority 36.002
Additional Rulemaking Authority 36.003
Rules Restricting Advertising or Competitive Bidding 36.004
Compliance with National Association of Insurance Commissioners Requirements 36.005
Interim Rules to Comply with Federal Requirements 36.007
Rules Relating to Agreements Limiting State Authority to Regulate Insurance Prohibited 36.101
Applicability of Certain Laws 36.102
Summary Procedures for Routine Matters 36.103
Review of Action on Routine Matter 36.104
Informal Disposition of Certain Contested Cases 36.105
Newspaper Publication 36.106
Waiver of Certain Notice Requirements 36.107
Acceptance of Actuarial Opinion 36.108
Filing Date of Report, Financial Statement, or Payment Delivered by Postal Service 36.109
Renewal Extension for Certain Persons Performing Military Service 36.110
Negotiated Rulemaking and Alternative Dispute Resolution Policy 36.151
Definition 36.152
Subpoena Authority 36.153
Service of Subpoena 36.154
Enforcement of Subpoena 36.155
Compensation for Attendance 36.156
Out-of-state Materials 36.157
Use as Evidence in Certain Cases 36.158
Access to Information 36.159
Privileged and Confidential Records and Information 36.160
Cooperation with Law Enforcement 36.161
Certain Subpoenas Issued to Financial Institutions 36.162
Effect on Contested Case 36.201
Action Subject to Judicial Review 36.202
Petition for Judicial Review 36.203
Judicial Review 36.204
Action Not Vacated 36.205
Appeal 36.251
Definition 36.252
Investigation Files Confidential 36.253
Disclosure of Certain Information Not Required
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Accessed:
May 11, 2024

§ 36.158’s source at texas​.gov