BILL ANALYSIS H.B. 1586 By: Marchant (Cain) Economic Development 05-17-95 Senate Committee Report (Amended) BACKGROUND Long-term loans can cause the amount owed against a vehicle to exceed its value over the life of the retail contract. If the vehicle is rendered a total loss while the debt exceeds the market value, the owner is forced to pay an additional amount above the insurance proceeds because an owner's basic insurance coverage is tied to the vehicle's market coverage. This "gap" represents a cash outlay on the part of the purchaser. The 73rd Legislature amended the Consumer Credit Code to allow the sale of a collateral insurance product to insure that a purchaser would not have to pay the "gap" if the vehicle is rendered a total loss while the debt exceeds the market value. PURPOSE As proposed, H.B. 1586 authorizes a buyer and seller to agree to include in a contract for the sale of a motor vehicle a separate charge for a debt cancellation contract or waiver. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section (9), Article 5069-7.06, V.T.C.S., to authorize a buyer and seller to agree to include in a contract for the sale of a motor vehicle a separate charge for a debt cancellation contract or waiver by which the seller or holder agrees that, if the vehicle is rendered a total loss because of theft or collision, the seller or holder will waive the difference, if any, between the actual cash value of the vehicle immediately before the loss and the amount owed on the vehicle. Authorizes a seller or holder to agree to waive the deductible amount, if any, the buyer is required to pay under the buyer's personal auto policy, in addition to other liability incurred under a debt cancellation contract or waiver included in a contract as provided by this section. Provides that a debt cancellation contract or waiver included in a contract provided by this section is not insurance or an insurance product or service and is not subject to regulation by the commissioner of insurance or the Texas Department of Insurance. SECTION 2. Emergency clause. Effective date: upon passage.