1. (a) The state fire marshal, a fire marshal of a political subdivision of this state, the chief of a fire department in this state, or a peace officer in this state may request an insurer investigating a fire loss of property in which damages or losses exceed $1,000 to release information in the insurer's possession relating to that loss. The insurer shall release the requested information and cooperate with the official. The requested information may include only:

   1. (1) an insurance policy relevant to the fire loss under investigation and any application for a policy;
   2. (2) policy premium payment records;
   3. (3) the history of the insured's previous claims for fire loss; and

   4. (4) material relating to the investigation of the loss, including:

      1. (A) statements of any person;
      2. (B) proof of loss; or
      3. (C) other relevant evidence.
2. (b) This section does not authorize a public official or agency to adopt or require any type of periodic report by an insurer.

3. (c) An insurer that has reason to suspect that a fire loss to the property of a person insured by the insurer was caused by incendiary means and that receives a request for information under Subsection (a) shall:

   1. (1) notify the requesting official and provide the official with all relevant material acquired during the insurer's investigation of the fire loss;
   2. (2) cooperate with and take any action requested of the insurer by a law enforcement agency; and
   3. (3) permit a person ordered by a court to inspect any of the insurer's records relating to the insurance policy and the loss.
4. (d) In the absence of fraud or malice, an insurer or a person who provided information on the insurer's behalf is not liable for damages in a civil action or subject to criminal prosecution for an oral or written statement made or any other action taken that is necessary to supply information required under this section.
5. (e) An official or a department or agency employee who receives information under this section shall maintain the confidentiality of the information until the information is required to be released in a criminal or civil proceeding.
6. (f) An official described by Subsection (a) may be required to testify as to any information in the official's possession regarding the fire loss of property in a civil action in which a person seeks recovery for the loss from an insurer under an insurance policy.

7. (g) A person may not intentionally:

   1. (1) refuse to release information requested under Subsection (a);
   2. (2) refuse to notify the fire marshal of a fire loss required to be reported under Subsection (c);
   3. (3) refuse to provide the fire marshal with relevant information required to be provided under Subsection (c); or
   4. (4) fail to maintain the confidentiality of information that is confidential under Subsection (e).

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.