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The Public Information Act and Texas Law on Obtaining Government Records of Texas Department of Insurance

Texas Government Code, Chapter 552, gives Texas businesses and individuals the right to access government records; and an officer for public information and the officer’s agent may not ask why you want them. All government information is presumed to be available to the public. Certain exceptions may apply to the disclosure of the information. Governmental bodies shall promptly release requested information that is not confidential by law, either constitutional, statutory, or by judicial decision, or information for which an exception to disclosure has not been sought.

Request Information

To request information from TDI, please submit your request as follows:

By mail to:
Office of Agency Counsel
Texas Department of Insurance
P.O. Box 149104, Mail Code 110-1C
Austin, Texas 78714-9104

By e-mail to:
AgencyCounsel@tdi.texas.gov

By fax to:
(512) 490-1021

In person at:
333 Guadalupe
Austin, Texas 78701

For complaints regarding failure to release public information, please contact your local County or District Attorney at:

Office of the Attorney General, Open Records Hotline, at 512-478-6736 or toll-free at 1-877-673-6839.
Complaints Regarding Overcharges, please contact the Office of the Attorney General at (512) 475-2497.

If you need special accommodation pursuant to the Americans with Disabilities Act (ADA), please contact our ADA coordinator at (512) 676-6103.

Rights of Requestors

You have the right to:

Prompt access to information that is not confidential or otherwise protected;
Receive treatment equal to all other requestors, including accommodation in accordance with the Americans with Disabilities Act (ADA) requirements;
Receive certain kinds of information without exceptions, like the voting record of public officials, and other information;
Receive a written itemized statement of estimated charges, when charges will exceed $40, in advance of work being started and opportunity to modify the request in response to the itemized statement;
Choose whether to inspect the requested information (most often at no charge), receive copies of the information or both;
A waiver or reduction of charges if the governmental body determines that access to the information primarily benefits the general public;
Receive a copy of the communication from the governmental body asking the Office of the Attorney General for a ruling on whether the information can be withheld under one of the accepted exceptions, or if the communication discloses the requested information, a redacted copy;
Lodge a written complaint about overcharges for public information with the Office of the Attorney General. Complaints of other possible violations may be filed with the county or district attorney of the county where the governmental body, other than a state agency, is located. If the complaint is against the county or district attorney, the complaint must be filed with the Office of the Attorney General.

Responsibilities of Governmental Bodies

All governmental bodies responding to information requests have the responsibility to:

Establish reasonable procedures for inspecting or copying public information and inform requestors of these procedures;
Treat all requestors uniformly and shall give to the requestor all reasonable comfort and facility, including accommodation in accordance with ADA requirements;
Be informed about open records laws and educate employees on the requirements of those laws;
Inform requestors of the estimated charges greater than $40 and any changes in the estimates above 20 percent of the original estimate, and confirm that the requestor accepts the charges, or has amended the request, in writing before finalizing the request;
Inform the requestor if the information cannot be provided promptly and set a date and time to provide it within a reasonable time;
Request a ruling from the Office of the Attorney General regarding any information the governmental body wishes to withhold, and send a copy of the request for ruling, or a redacted copy, to the requestor;
Segregate public information from information that may be withheld and provide that public information promptly;
Make a good faith attempt to inform third parties when their proprietary information is being requested from the governmental body;
Respond in writing to all written communications from the Office of the Attorney General regarding charges for the information and complaints about violations of the Act.

Procedures to Request Information

Submit a request by mail, fax, email or in person according to a governmental body’s reasonable procedures.
Include enough description and detail about the information requested to enable the governmental body to accurately identify and locate the information requested.
Cooperate with the governmental body’s reasonable efforts to clarify the type or amount of information requested.

A. Information to be released

You may review it promptly, and if it cannot be produced within 10 working days the public information officer will notify you in writing of the reasonable date and time when it will be available.
Keep all appointments to inspect records and to pick up copies. Failure to keep appointments may result in losing the opportunity to inspect the information at the time requested.

B. Cost of Records

You must respond to any written estimate of charges within 10 days of the date the governmental body sent it or the request is considered automatically withdrawn.
If estimated costs exceed $100.00 (or $50.00 if a governmental body has fewer than 16 full time employees) the governmental body may require a bond, prepayment or deposit.
You may ask the governmental body to determine whether providing the information primarily benefits the general public, resulting in a waiver or reduction of charges.
Make a timely payment for all mutually agreed charges. A governmental body can demand payment of overdue balances exceeding $100.00, or obtain a security deposit, before processing additional requests from you.

C. Information that may be withheld due to an exception

By the 10th business day after a governmental body receives your written request, a governmental body must:
1. Request an Attorney General opinion and state which exceptions apply;
2. Notify the requestor of the referral to the Attorney General; and
3. Notify third parties if the request involves their proprietary information.
Failure to request an Attorney General opinion and notify the requestor within 10 business days will result in a presumption that the information is open unless there is a compelling reason to withhold it.
Requestors may send a letter to the Attorney General arguing for release, and may review arguments made by the governmental body. If the arguments disclose the requested information, the requestor may obtain a redacted copy.
The Attorney General must issue a decision no later than the 45th working day from the day after the attorney general received the request for a decision. The attorney general may request an additional 10 working day extension.
Governmental bodies may not ask the Attorney General to “reconsider” an opinion.

For more information contact: AgencyCounsel@tdi.texas.gov

Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.

Jul 20th, 2015 Employment Law Defense, Insurance Defense Litigation, Nonsubscriber Law, Workers' Compensation Defense

The Main Federal EEO Laws That Apply to Texas Employers–Texas Employment Law

The six major federal (Equal Employment Opportunity (EEO) laws that apply to Texas employers:

Title VII of the Civil Rights Act of 1964 (Title VII);
Section 1981 of the Civil Rights Act of 1866;
The Equal Pay Act of 1963;
The Age Discrimination in Employment Act of 1967 (ADEA);
The Immigration Reform and Control Act of 1986; and
The Americans with Disabilities Act of 1990 (ADA).

Jul 20th, 2015 Employment Law Defense

Sample At Will Statement and Disclaimer in Applications for Employment–Texas Employment Law

FORM for At Will Statement and Disclaimer in Applications for Employment–Texas Employment Law

I understand that nothing in this application, or in any prior or subsequent written or oral statement, creates a contract of employment or any rights in the nature of a contract. I agree and understand that if I am hired by the ABC Corporation (ABC), my employment will be at-will, for an indefinite period of time, and may be terminated at any time, with or without cause or notice, at the option of ABC or myself. I understand that I have the right to end my employment at any time and that XYZ retains that same right. I also understand that no one has the authority to enter into any contract, agreement or modification of the foregoing unless such contract, agreement or modification is in writing and signed by the president of ABC.

Jul 20th, 2015 Contracts and Commercial Litigation, Employment Law Defense

After-Acquired Evidence in Texas Workers’ Compensation Retaliation Law

WORKERS’ COMPENSATION CLAIMANTS
After-Acquired Evidence

The court follows the U.S. Supreme Court’s lead in McKennon v. Nashville Banner Pub. Co., 513 U.S. 352, 115 S.Ct. 879, 130 L.Ed.2d 852 (1995)(decided under the Age Discrimination in Employment Act) and holds that when an employer discovers, after the plaintiff’s filing of a retaliation lawsuit, that there are previously unknown grounds for discharging or refusing to hire the plaintiff, this “after-acquired evidence” does not preclude a finding of liability but does limit the damages and other remedies available to the plaintiff. Assertion of the after-acquired evidence defense may stop the accrual of damages after the point in time when the employer discovered the incriminating information about the plaintiff. Johnson v. Bethesda Lutheran Homes and Services, 935 S.W.2d 235 (Tex. App.–Houston [1st Dist.] 1996)

Jul 20th, 2015 Employment Law Defense, Workers' Compensation Defense

Detrimental Reliance in Texas Employment Law

DETRIMENTAL RELIANCE

There is no separate tort cause of action for an employee’s “detrimental reliance” University of Texas System v. Courtney, May 1, 1997, No. 02-94-201-CV-Fort Worth Court of Appeals.

Jul 20th, 2015 Employment Law Defense

The Statutory Basis for Declaratory Judgment Actions in Texas Lawsuits

State: Uniform Declaratory Judgment Act, Tex. Civ. Prac. & Rem. Code Ch. 37

37.004 provides:

(A) A person interested under a deed, will, written contract, or other writings constituting a contract or whose rights, status, or other legal relations are affected by statute, municipal ordinance, contract, or franchise may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status, or other legal relations there under.

(B) A contract may be construed either before or after there has been a breach.

37.002 provides that the chapter is remedial: “It’s purpose is to settle and to afford relief from uncertainty and in security with respect to rights, status, and other legal relations; and it is to be legally construed and administered.” The Act does not create or enlarge jurisdiction. E.g., Chenault v. Phillips, 914 S.W.2d 140, 141 (Tex. 1996). Pursuant to §37.003, a declaration may be either affirmative or negative in form and effect. Thus, an insured can seek an affirmative finding of coverage, or an insurer can seek a negative determination that coverage does not exist. However, each party must still plead for relief and carry its own burden of proof. See, e.g., City of Galveston v. Giles, 902 S.W.2d 167 (Tex. App.–Houston [1st Dist.] 1995, no writ); Employers Cas. Co. v. Tilley, 484 S.W.2d 802, 806 (Tex. Civ. App.–Beaumont 1972), aff’d other grounds, 496 S.W.2d 552 (Tex. 1973) (court had no authority to order declaration against insurer in response to insured’s motion for summary judgment on insurer’s claims); Indigo Oil, Inc. v. Wiser Oil Co., 1998 TEX. APP. LEXIS 7550 (Tex. App.–Dallas 1998, pet. denied) (failure to satisfy burden is not finding of proof of opposite).
37.008 provides that the court may refuse to render a declaratory judgment if the judgment would not terminate the uncertainty or controversy giving rise to the proceeding.

Federal: Declaratory Judgment Act, 28 U.S.C. §§2201-2202

2201. Creation of remedy

(a) In a case of actual controversy within its jurisdiction, except with respect to Federal taxes . . . any court of the United States, upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Any such declaration shall have the force and effect of a final judgment or decree and shall be reviewable as such.

* * *

2202. Further relief

Further necessary or proper relief based on a declaratory judgment or decree may be granted, after reasonable notice and hearing, against any adverse party whose rights have been determined by such judgment.

Jul 20th, 2015 Collections and Foreign Judgments, Construction Law, Contracts and Commercial Litigation, Employment Law Defense, Insurance Defense Litigation, Nonsubscriber Law

TDI Prosecutor Named for Tarrant County, Texas Insurance Fraud Claims

Specialized Expertise with Investigating, Prosecuting Insurance Fraud

AUSTIN – The Texas Department of Insurance (TDI) announced William “Doug” Wallace as a fraud prosecutor who will work exclusively with criminal prosecutors in the Tarrant County District Attorney’s Office to combat insurance fraud.

Wallace has two decades of insurance industry experience and has focused much of his professional career on special investigations and fraud as well as insurance defense, coverage and subrogation. He spent four years at Nationwide Insurance Trial Division and also served as general counsel of US Lloyds Insurance Company. He is a 2005 graduate of the University of Oklahoma College of Law. Before attending law school, Wallace spent 12 years in the insurance industry as a claims adjuster, supervisor, manager, and litigation manager.

TDI partners with district attorneys in Dallas, Harris, Tarrant and Bexar counties to provide expertise in the investigation and prosecution of insurance fraud.

For more information contact: MediaRelations@tdi.texas.gov

Jul 20th, 2015 Employment Law Defense, Insurance Defense Litigation, Nonsubscriber Law, Workers' Compensation Defense

Texas Division of Workers’ Compensation–Recent Enforcement Actions in Texas Workers’ Compensation Law

AUSTIN, TX — Commissioner of Workers’ Compensation, Ryan Brannan, recently announced final disciplinary actions taken by the Division of Workers’ Compensation (DWC).

The final actions include administrative penalties ordered against insurance carriers and health care providers in the workers’ compensation system. Beginning January 1, 2015, through May 31, 2015, the Commissioner of Workers’ Compensation has ordered administrative penalties totaling $803,500 for system participants. The penalties include $588,300 in fines ordered for insurance carriers, $169,700 in fines ordered for health care providers, and $45,500 in fines ordered for other entities.

Violations of the Texas Labor Code by insurance carriers cited in recent orders include failure to accurately and timely pay benefits ordered to an injured employee, failure to accurately and timely notify DWC of termination of benefits, and failure to pay benefits in accordance with a designated doctor examination. Violations cited in orders naming health care providers include improper billing of medical services to an injured employee; issuing improper, unreasonable, or medically unnecessary treatment or medical services to an injured employee; and failure to timely file and/or accurately complete DWC forms, reports, or records. Violations cited in orders naming other entities include failure to timely respond to DWC when ordered to produce requested documents.

Summaries of disciplinary actions are available on the Texas Department of Insurance (TDI) website at:https://wwwapps.tdi.state.tx.us/inter/asproot/commish/da/dwcclips2015.asp.

Specific order summaries also can be viewed by searching by the subject of the order here:
http://www.tdi.texas.gov/commish/actions.html.

Copies of Commissioner of Workers’ Compensation orders also may be obtained by calling Maria Jimenez, DWC Enforcement, at (512) 804-4703 or via e-mail to Maria.Jimenez@tdi.texas.gov.

For more information contact: MediaRelations@tdi.texas.gov

Jul 20th, 2015 Workers' Compensation Defense

The Silence of the Voice of Justice When it Mattered Most Has Made it Possible for Evil to Triumph

QUOTES ON LIBERTY AND JUSTICE, TRUTH AND DUTY:

“I believe that every individual is naturally entitled to do as he pleases with himself and the fruits of his labor, so far as it in no way interferes with any other men’s rights.”

-Abraham Lincoln

“My principles are freedom for all people… I‘m trying to wake up Hollywood. It‘s been a bastion of freedom but they‘re being deceived, suckered into this indoctrination of the federal government which is leading toward a totalitarian country. They‘ve lost sight of individual liberty.” Daily Variety

-Aaron Russo, Hollywood producer

“The most flagrant acts of injustice were perpetrated for the purpose of forcing a particular dogma upon the Democratic organization, and the gentleman who is the representative of that dogma is the representative also of principles which I will be able to show repugnant alike to reason and the Constitution.”

-John Breckinridge

“The Turkish denial [of the Armenian Christian Genocide] is probably the foremost example of historical perversion. With a mix of academic sophistication and diplomatic thuggery — of which we at Macquarie University have been targets — the Turks have put both memory and history into reverse gear.”

-Stanley Cohen, Professor of Criminology, Hebrew University, Jerusalem

“Conscious of my own weakness, I can only seek fervently the guidance of the Ruler of the Universe, and, relying on His all-powerful aid, do my best to restore Union and peace to a suffering people, and to establish and guard their liberties and rights.”

-George B. McClellan

“Throughout history, it has been the inaction of those who could have acted; the indifference of those who should have known better; the silence of the voice of justice when it mattered most; that has made it possible for evil to triumph.”

-Haile Selassie, Emperor of Egypt

“We will not be a party to the monstrous doctrine of coercion.”

-John W. Ellis

“The problem is big government. If whoever controls government can impose his way upon you, you have to fight constantly to prevent the control from being harmful. With small, limited government, it doesn’t much matter who controls it, because it can’t do you much harm.”

-Harry Browne

“The strongest cause in bringing the Texas Revolution against the Mexican government was… they could not understand our methods of government and we could not endure their idea of a republic.”

-A Texas Revolutionary

“Whenever is found what is called a paternal government, there is found state education. It has been discovered that the best way to ensure implicit obedience is to commence tyranny in the nursery.” 1874

-Benjamin Disraeli

“The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism …” Ex Parte Milligan, 1866

-U.S. Supreme Court Justice David Davis

“A soldier’s life is not a pleasant one. It is always, at best, one of privations and hardships. The emotions of patriotism and pleasure hardly counterbalance the toil and suffering that he has to undergo in order to enjoy his patriotism and pleasure. Dying on the field of battle and glory is about the easiest duty a soldier has to undergo. It is the living, marching, fighting, shooting soldier that has the hardships of war to carry. When a brave soldier is killed he is at rest. The living soldier knows not at what moment he, too, may be called on to lay down his life on the altar of his country. The dead are heroes, the living are but men compelled to do the drudgery and suffer the privations incident to the thing called “glorious war.”

-Samuel Watkins

“To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical.”

-Thomas Jefferson

“It is dangerous to be right when the government is wrong.”

-Voltaire

“No one can read our Constitution without concluding that the people who wrote it wanted their government severely limited; the words “no” and “not” employed in restraint of government power occur 24 times in the first seven articles of the Constitution and 22 more times in the Bill of Rights.”

-Edmund A. Opitz

Jul 20th, 2015 Interesting Quotes in History

Travis County Court Approves $84.4 Million Settlement in Farmers Insurance Case–Texas Insurance Defense Law

AUSTIN – A Travis County district court has granted preliminary approval of a settlement with Farmers Insurance Group that will return $84.4 million to policyholders stemming from a 2002 rate case.

“I’m pleased with the court’s decision,” said Texas Insurance Commissioner David Mattax. “It’s time to return this money to policyholders, who have been waiting for more than a decade. These refunds, combined with the rate reductions Farmers agreed to in 2002, are excellent news for consumers.”

Mattax noted that the court’s original approval of the settlement in 2003 described the agreement as “an extraordinarily high percentage of recovery on the claims that were asserted.” The amended version adds an additional $10 million for consumers to account for the delays while the settlement was challenged in court.

Notices about the settlement will be mailed within 60 days to people who may be eligible for a refund.

Mattax also thanked the Texas Attorney General’s Office for its work representing the state in the long, complex case.

For more information contact: MediaRelations@tdi.texas.gov

Jul 20th, 2015 Insurance Defense Litigation