By Reyna H.B. No. 1422
Substitute the following for H.B. No. 1422:
By Driver C.S.H.B. No. 1422
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain fees charged by local recording agents.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 21.35A, Insurance Code, is amended by
1-5 adding a new Subsection (c) and by amending and renumbering
1-6 Subsection (c) as Subsection (d) to read as follows:
1-7 (c) A local recording agent is not prohibited from charging
1-8 a reasonable fee for services rendered to a client. Those services
1-9 may include:
1-10 (1) special delivery or postal charges;
1-11 (2) printing and reproduction costs;
1-12 (3) electronic mail costs;
1-13 (4) telephone transmission costs; and
1-14 (5) similar costs that the agent incurs on behalf of
1-15 the client.
1-16 (d) <(c)> An agent may not charge a client a fee under this
1-17 article unless the agent notifies the client of the agent's fee or
1-18 reimbursement requirement and obtains the client's written consent
1-19 for each fee charged before the agent incurs the expense for the
1-20 client.
1-21 SECTION 2. Article 21.35B, Insurance Code, is amended to
1-22 read as follows:
1-23 Art. 21.35B. Permissible Payments. (a) No payment may be
1-24 solicited or collected by an insurer, its agent, or sponsoring
2-1 organization in connection with an application for insurance or the
2-2 issuance of a policy other than:
2-3 (1) premiums;<,>
2-4 (2) taxes;<,>
2-5 (3) finance charges;<,>
2-6 (4) policy fees;<,>
2-7 (5) agent fees;<,>
2-8 (6) service fees, including charges for costs
2-9 described under Article 21.35A of this code;
2-10 (7) inspection fees;<,> or
2-11 (8) membership dues in a sponsoring organization.
2-12 (b) The commissioner by rule shall permit sponsoring
2-13 organizations to solicit voluntary contributions with a membership
2-14 renewal solicitation when the membership renewal solicitation is
2-15 separate from an insurance billing.
2-16 (c) <(b)> Criminal penalties for violation of this article
2-17 are as provided for under Section 13, Article 21.49-1 of this code.
2-18 SECTION 3. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.