74R11634 E
By Elkins H.B. No. 2406
Substitute the following for H.B. No. 2406:
By Marchant C.S.H.B. No. 2406
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to debt cancellation contracts offered by banks with
1-3 certain installment loan transactions.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 4.01, Title 79, Revised Statutes (Article
1-6 5069-4.01, Vernon's Texas Civil Statutes), is amended by adding
1-7 Section (10) to read as follows:
1-8 (10)(a) A bank and a borrower may agree to include in a
1-9 consumer loan transaction a separate charge for a debt cancellation
1-10 contract or waiver by which the bank agrees to waive, reduce, or
1-11 cancel the remaining balance on a consumer loan in the event of the
1-12 death or disability of the borrower. A bank may not be the
1-13 beneficiary of a credit life or disability insurance policy that
1-14 provides coverage for any part of the balance of a loan that is
1-15 subject to a debt cancellation contract. A charge for a debt
1-16 cancellation contract or waiver under this section may not be
1-17 considered interest.
1-18 (b) A charge for a debt cancellation contract or waiver must
1-19 comply with applicable regulations or guidelines established by the
1-20 Office of the Comptroller of the Currency.
1-21 (c) The Finance Commission shall adopt debt cancellation
1-22 rules and rates, consistent with applicable regulations or
1-23 guidelines established by the Office of the Comptroller of the
2-1 Currency, limited to the requiring of prominent disclosure to the
2-2 borrower of the amount of the charge, a description of the
2-3 coverage, the right of the borrower to cancel the agreement within
2-4 21 days without penalty, information regarding possible federal
2-5 income tax consequences, if any, in the event the debt is canceled,
2-6 and other related contract or waiver terms.
2-7 SECTION 2. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended,
2-12 and that this Act take effect and be in force from and after its
2-13 passage, and it is so enacted.