Website SurveyRequesting Information from the Texas Department of Insurance
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How to Access TDI Records
Confidential and Exempt Information
Costs and BillingTypes of TDI Records
Questions and CommentsIntroductionEach year, the Texas Department of Insurance (TDI) responds to over 3,500 requests for information, also referred to as open records requests. The following information is provided to assist you in obtaining information from TDI. The Public Information ActUnder the Texas Public Information Act (the Act), each person is entitled to complete information about the affairs of government and the official acts of public officials and employees, unless otherwise expressly provided by law. "Public information" means information that is collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: (1) by a governmental body; or (2) for a governmental body and the governmental body owns the information or has a right of access to it. For more information about the Texas Public Information Act, you may wish to refer to the Texas Attorney General's Public Information Handbook. TDI Public Information Act Request ProceduresIn dealing with information requests, TDI is committed to providing customer friendly service. All agency information is public unless it is confidential by law or falls within an exception to the Public Information Act. TDI processes requests for information in a decentralized manner. Requests are processed in the division where the information is located. For example, TDI's Financial Analysis/Examinations section provides annual statement pages, while Licensing responds to requests for an agent's license application. TDI's philosophy is that since each division is familiar with its own documents, it is best able to process requests efficiently and quickly. Therefore, if you are seeking information located in several divisions, you may receive a response from each division. When the information you have requested is clearly open to the public, TDI will provide the information within a reasonable time after receiving the request. If TDI cannot provide the information within 10 business days, the division/section holding the information will state in writing a date and hour within a reasonable time when the information will be available for inspection or copying. TDI will also notify you if there are no records responsive to the request. TDI employees are encouraged to call or write the requestor to establish proper identification of documents or clarify the request. If the documents you are seeking are voluminous, a TDI employee may talk to you about narrowing the scope of the request. TDI will not ask about the purpose for which the information will be used. How to Access TDI RecordsWhere in TDI to Send Your Request Since TDI handles requests for information in a decentralized manner, it is best to send the request to the division that maintains the information. Each division (and in some cases, each section) has an open records liaison responsible for handling public information requests for the division/section. Click here, for a list of TDI's Open Records Liaisons, along with each liaison's phone number, fax number and mail code. If you do not know where in TDI to send your request, you may send it to the Agency Counsel section of the Legal Services division. If you want to view or obtain copies of agency records, you have several options. Requests for information under the Public Information Act must be in writing. Such requests can be hand-delivered, mailed, faxed or sent by e-mail. If you do not know the proper division, you may deliver your request to the Agency Counsel section of the Legal Services division.
OPEN RECORDS LIAISON [or name of open records liaison] [division/section name] [mail code] Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714-9104 If you do not know which division/section maintains the requested information, you may send your request to:Agency Counsel Section Legal Services, MC 110-1A Texas Department of Insurance P.O. Box 149104 Austin, Texas 78714-9104 Including the mail code on the second line of the address, after the division/section name will help ensure that your request is routed to the proper division/section. Click here if you would like the internal mail code for a specific TDI division/section.
If you have submitted a written request and would like view the requested information, rather than receive copies, please note this in your request. Also, please telephone the proper division/section of TDI (preferably the appropriate open records liaison) to make an appointment. The information may need to be located and prepared for public inspection before you arrive. If confidential information must be edited from the information you want to view, there may be a charge for viewing the information. Refer to Costs and Billing for more information on charges. What Your Request Should Include Including the following information in your request for information will help ensure that you receive the information you want:
Much of the information maintained by TDI is stored electronically. If you would prefer to receive a copy of the information on diskette or other storage medium, rather than paper copies, please indicate this in your request. How to Obtain Certified Copies of Documents If you want certified copies of documents, please make this clear in your request letter. The charge for certified copies is $11 plus the cost of copies. If you will want certified copies, it is preferable that you request certified copies at the time you submit your request. If you request certified copies after copies have been sent to you, TDI will likely have to re-copy the information to ensure that the certified copies are true and correct copies of the original documents. Likewise, please specify if you would like a negative certification if TDI does not have the information you are requesting. The charge for a negative certification is also $11. Confidential or Exempt InformationTypes of Confidential or Exempt InformationAlthough most of the information maintained by TDI is available to the public, some information may be protected from required disclosure by the Public Information Act, the Insurance Code, or other statutes. For example, examination reports, private medical information and medical records and are made confidential by the law. TDI is prohibited from releasing such information. Click here for a more comprehensive list of information that is confidential by law. In addition, TDI is permitted, but not required, to withhold other specific types of information such as pending investigation or litigation files; certain intra-agency memoranda containing advice, opinion or recommendations; and, bids or proposals submitted to TDI before a contract is awarded. For more information about exceptions to required disclosure, you may wish to refer to the Attorney General's Public Information Handbook. Request for an Attorney General's OpinionIf TDI believes that information responsive to your request is exempt from disclosure, TDI must normally request an open records opinion from the Attorney General. This must be done within 10 business days after TDI receives the request. The letter requesting an Attorney General's opinion will state TDI's reasons for withholding the information. You will receive a copy of this letter. In addition, TDI will usually attempt to notify you before a request for an open records opinion is sent to the Attorney General's office to explain why TDI believes that some of the requested information is exempt from disclosure and to verify that you are seeking that information. The Attorney General is required to issue an opinion within 45 working days (about 9 weeks) after receiving a request for opinion. The Attorney General may extend this deadline by an additional 10 working days (about 2 weeks) by notifying you and TDI. The Attorney General's decision will be sent to you and to TDI. How to Indicate That No Exempt Information is RequestedIf you do not wish to receive information that is considered confidential or otherwise exempt from public disclosure, please state this in your request letter. Alternatively, you may sign a pre-printed form indicating that you do not wish to receive information that is considered by TDI to be confidential or exempt from disclosure. You may click here to access the pre-printed form. If you indicate that you are not seeking information that is considered exempt from disclosure, TDI will remove all confidential information and may remove information protected by other exceptions in the Public Information Act. Third Party ClaimsA company will sometimes submit information to TDI that the company claims is a trade secret, is confidential commercial or financial information, or is otherwise confidential. If your company submits such information to TDI, the information should be carefully labeled. Only that information that your company believes to be confidential should be labeled as confidential. If a requestor seeks information that a company claims to be confidential, TDI will normally request an opinion from the Attorney General. However, TDI will normally not submit arguments about why the information from the company is believed to be confidential. TDI will notify the company that TDI has requested an Attorney General's opinion. The company will be given an opportunity to submit arguments to the Attorney General about why the information is confidential. If the company does not submit arguments or submits inadequate arguments, the Attorney General will likely decide that TDI must release the information to the public. The company will receive a copy of the Attorney General's opinion. After receiving the Attorney General's opinion, TDI will normally notify the company and the requestor before to releasing the information. Special Right of AccessSome individuals or entities have a special right of access to information that is otherwise confidential. For example, a member, committee or agency of the Texas Legislature may obtain otherwise confidential information for legislative purposes. If TDI maintains private information about an individual, the individual will normally have a special right of access to that information. Also, confidential information can usually be shared between state governmental bodies. Costs and BillingThe charge for copies of public information is determined by the Open Records Section of the Office of the Attorney General (OAG). The charge for standard-size paper copies is 10 cents per page. The charge for providing information also may include postage, personnel, programming and computer time. Also, if you want to review information, rather than receive copies, and a page of the requested information contains confidential information that must be edited before the information can be viewed, TDI may charge for the cost of making a copy of the page from which the confidential information is edited. If the total charge is $10 or more, you will have to pay the charge. If the total is less than $10, however, there usually will be no charge. If the estimated charge is more than $100, TDI will generally require a prepaid deposit or bond before providing the information. Also, if you have an unpaid balance of more than $100 relating to previous requests, a prepaid deposit or bond will be required. You will not be asked to pay in advance for open records requests (unless a deposit is required). Click here to access the Texas Administrative Code rules on Public Information charges. Cost EstimateIf the charge for providing the information you requested is estimated to be more than $40, TDI will send you an itemized estimate of the charges. The estimate will also include information about less costly alternatives and will specify when the requested information will be available. You will be asked to respond to the estimate within 10 business days. The estimate will include a form which you can return to TDI by hand delivery, mail or fax indicating that you either agree to the estimated charges, that you wish to modify your request, or that you wish to withdraw your request. You may also respond to the estimate by e-mail. By promptly responding to the estimate, you will help reduce any delay in providing the requested information. After you approve the estimate, the appropriate TDI division(s) will send you the requested information by the date stated in the estimate. The final bill for the information will be sent separately. If the actual charge exceeds the estimate by 20% or more, you will be sent a second estimate. If you do not respond to the second estimate within 10 business days, TDI will assume that you wish to withdraw your request. Billing for open records requests is handled by the Agency Counsel section of the Legal Services division. Estimates, requests for deposits, and bills are generated by the Agency Counsel section. Therefore, if you have a question about a statement of estimated charges or a bill for requested information, please contact the Agency Counsel section of the Legal Services division by e-mail .
Types of TDI RecordsThe following is a short description of some of the records maintained by TDI. This is not an exhaustive list of all information at TDI, but is provided so that you may better understand the divisions of TDI and the types of information maintained in the divisions. If the information you are seeking is similar to information described, you may send your request directly to the division listed. Agents License Information (Licensing/Life, Health & Licensing) If you are seeking information about a particular insurance agent, you can obtain a copy of the insurance agent's application, a list of companies with which the agent has appointments, a list of licenses held by the agent, and the status of the agent's license(s) from the Licensing Group of the Life, Health & Licensing division. Much of this information is also maintained on TDI's web page. Click here for general agent information. Some of this information may also be obtained by contacting TDI's Consumer HelpLine at 1-800-252-3439. You may also query specific agent information using the TexasOnLine web page. TexasOnLine. Annual Statements (Financial Analysis & Examinations /Financial) Insurers are required to file annual statements by March 1 every year and quarterly updates thereafter. These are usually public documents and include financial and other information about the company. The contents of the annual and quarterly statements are governed by rule. This information can be obtained from the Financial Analysis/Examinations section of the Financial division. Bulletins (Chief Clerk's Office) TDI periodically issues Bulletins to all or part of a group of licensees or certificate holders. These Bulletins are maintained in the Chief Clerk's office. Bulletins issued from 1996 to the present are also available on TDI's web page. Click here for Commissioner's Bulletins. Certificates of Authority (Company Licensing & Registration/Financial) To engage in the business of insurance in Texas, most regulated entities must obtain a certificate of authority. To obtain a copy of a company's certificate of authority, contact the Company Licensing & Registration section of the Financial division. Complaints (Specific Division or Consumer Protection) TDI processes numerous complaints involving the business of insurance. Although some complaint information may be protected from public disclosure, complaints are generally available to the public. TDI uses codes to record complaint information. These codes can be used to narrow requests for complaints. For example, TDI may have several thousand total complaints against a large insurer. By using the codes or their descriptions and by specifying a time period, you can more accurately identify the complaints in which you are interested. Click here for a list of codes. TDI complaint information is maintained according to the type of entity that is the subject of the complaint (agents, title agents, HMOs). If you are unsure about the proper area, send your request to either the Agency Counsel section or the Consumer Protection division. Much of TDI's complaint information is maintained in the Internet Complaint Information System (ICIS). ICIS includes information from TDI's complaint database and allows users to download the database for further use and examination. The information in ICIS is not detailed information. If you want the details of a complaint, ICIS may be a valuable first step in helping you identify the types of complaints you want. Individual complaint numbers are included in ICIS. If you would like to request an individual complaint, please refer to the complaint number listed in ICIS. You may access ICIS here. Data and Statistical Information (Data Services / Property & Casualty) TDI periodically asks companies for data necessary for regulation. Although some of this information is confidential, much of it is available to the public. For example, TDI assembles and makes available summary information regarding property and casualty losses and premiums by ZIP code. TDI also maintains rate filing information submitted by companies. Information regarding data and statistical information can be obtained from the Data Services section of TDI's Property & Casualty division. Fire Safety and Arson Information (State Fire Marshal's Office) The State Fire Marshal's Office of TDI maintains reports and other information about investigations regarding fires, arson, and fire safety. In addition, the Fire Marshal maintains licensing and investigation information about firms and individuals that handle fire alarms, fire extinguishers, fire sprinklers, and fireworks. The Fire Marshal also maintains fire incident reports and school fire drill reports. Form Approvals (Specific Section/Life, Health & Licensing or Property & Casualty) Most lines of insurance are required to obtain prior approval of insurance policy forms or use promulgated forms. Information regarding whether a particular form is the promulgated form or has received the required approval can be obtained from the section of the Life, Health & Licensing division or the Property & Casualty division responsible for the specific line of insurance. For example, personal automobile insurance forms can be obtained from the Automobile/Homeowners section of the Property & Casualty division, life insurance forms can be obtained from the Life/Health section of the Life, Health & Licensing division. Company Information (Consumer Protection and Financial) TDI also has general information regarding insurance companies, including whether a company is licensed to do business in Texas, the types of insurance a company is authorized to sell, the number of justified complaints filed against a company, and information regarding the company's financial strength. Complaint information can be obtained from TDI's Consumer Protection division. Financial information can be obtained from TDI's Financial division. Company information is also maintained on TDI's web page. Click here to access company information and here to access HMO information. You can also obtain this information by calling TDI's toll free Consumer HelpLine number (1-800-252-3439). Insolvent Insurer Information (Liquidation Oversight / Financial) Information regarding the special deputy receiver assigned to liquidate an insolvent insurer and information regarding claims against an insolvent insurer can be obtained from the Liquidation Oversight section of the Financial division. The appropriate guaranty association also may be able to provide insolvency related information. Some information regarding receiverships is available on TDI's web page. Click here to access receivership information. Some of the information obtained by TDI in connection with an investigation is available to the public. Although some investigation information may be withheld pursuant to the Public Information Act, some information may be disclosed, especially information on closed investigations. Information related to an investigation of insurance fraud is subject to additional confidentiality provisions. Investigation information is normally maintained in TDI's Enforcement division. HMO Information (HMO / Life, Health & Licensing) TDI maintains licensing and complaint information regarding health maintenance organizations (HMOs). Refer to Complaints, above for information about requesting complaint information. Most HMO complaint information is maintained in the HMO section of the Life, Health & Licensing division. Licensing and financial information is maintained in the Financial division. TDI also maintains a database of HMO complaints. Although complainants' names are usually considered confidential, other information regarding a complaint involving an HMO is available in the database. HMO complaint statistics are also available on TDI's web page. Access HMO complaint statistics. In addition, you can obtain profiles of HMOs. These profiles are available on TDI's web page. HMO profiles include information about each licensed HMO, such as the name, address and phone number of the HMO's home office, the attorney for service of process, a list of service areas, the type of HMO and financial information. Click here for HMO profile information. Publications (1-800 SHOP or Consumer Protection) TDI issues a number of publications covering a variety of insurance topics from Renters Insurance to Auto Insurance to Insurance for Small Business Owners. (To obtain the most current order form for TDI publications, please call TDI's Consumer HelpLine.) Publications can be ordered 24 hours a day, seven days a week, by calling a toll-free automated telephone attendant at 1-800-599-SHOP (7467). Many of these publications are also available on TDI's web page. Click here for consumer publications. Rate Guides (Consumer Protection) TDI publishes homeowners and automobile insurance rate guides by territory. A rate guide for Medicare Supplement Insurance is also available. Rate guides are available from the Consumer Protection division. These rate guides are also maintained on TDI's web page. Click here to go to the rate guide information. The Commissioner of Insurance regularly enters orders regarding enforcement cases, rules and other matters. These orders are maintained in the Chief Clerk's office. Nearly all Commissioner's orders are public. The main exceptions are confidential supervision and conservation orders concerning financially troubled companies. Information about some disciplinary orders from September 1996 to the present are also on TDI's web page. Click here for disciplinary orders. Questions and CommentsPlease contact TDI's Agency Counsel section by e-mail at or at the mail address above with any requests, questions, or comments about access to records or information. For more information contact: Last updated: 05/04/2009 |
Texas Department of Insurance Home Page · www.tdi.state.tx.us · Consumer Helpline: 800-252-3439
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