(a) When it appears to the receiver that the records of the insurer in receivership
are no longer useful, the receiver may recommend to the receivership court and the
receivership court shall direct what records should be destroyed.
(b) If the receiver determines that any records should be maintained after the closing
of the delinquency proceeding, the receiver may reserve property from the receivership
estate for the maintenance of the records, and any amounts so retained are administrative
expenses of the estate under Section 443.301(a). Any records retained pursuant to this subsection must be transferred to the custody
of the commissioner, and the commissioner may retain or dispose of the records as
appropriate, at the commissioner's discretion. Any records of a delinquent insurer that are transferred to the commissioner may
not be considered records of the department for any purposes, and Chapter 552, Government
Code, does not apply to those records.
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