By Ellis                                               S.B. No. 468
       74R5082 MWV-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of premium finance companies.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 24.03, Insurance Code, is amended to read
    1-5  as follows:
    1-6        Art. 24.03.  LICENSE APPLICATION; FEES; LICENSE RENEWAL;
    1-7  ACTION BY BOARD.  (a)  Each application for a license to engage in
    1-8  the business of insurance premium financing must be in writing and
    1-9  in the form prescribed by the board.  It must be accompanied by an
   1-10  investigation fee in an amount not to exceed $400 as determined by
   1-11  the board.
   1-12        (b)  Within 90 days after receipt of an application, the
   1-13  board shall notify the applicant that:
   1-14              (1)  the application has been approved and a license
   1-15  will be issued on payment of the appropriate license fee; or
   1-16              (2)  the application has been denied.
   1-17        (c)  The board may refuse to issue a license if it finds
   1-18  that:
   1-19              (1)  the financial responsibility, experience,
   1-20  character, or general fitness of the applicant or any person
   1-21  associated with the applicant does not command the confidence of
   1-22  the community and does not warrant the belief that the business
   1-23  will be conducted honestly, fairly, and efficiently; or
   1-24              (2)  the applicant does not have available for the
    2-1  operation for the business net assets of at least $25,000.
    2-2        (d)  After approval and on receipt of the license fee, the
    2-3  board shall execute the license to engage in the business of a
    2-4  premium finance company at the location specified in the
    2-5  application and shall transmit the license to the applicant.
    2-6        (e)  The refusal of the board to issue a license does not
    2-7  entitle the applicant to a return of any part of the investigation
    2-8  fee that accompanied the application.
    2-9        (f)  The fee for each original license may be in an amount
   2-10  not to exceed $200 as determined by the board and shall be paid to
   2-11  the board.
   2-12        (g)  Each <Except as may be provided by a staggered renewal
   2-13  system adopted under Section (j) of this article, each> license
   2-14  shall be issued for two years from the date of issuance or
   2-15  renewal <the calendar year> and shall remain in force <until
   2-16  December 31 of each year,> unless suspended, revoked, or
   2-17  surrendered in accordance with Article 24.05 of this chapter.  The
   2-18  license renewal <If a license is granted after June 30 of any year,
   2-19  the> fee shall be set by the board in an amount that is reasonable
   2-20  and necessary to cover the costs of implementing this chapter <may
   2-21  be in an amount not to exceed $100 as determined by the board for
   2-22  that year>.
   2-23        (h) <(g)>  Any person holding a license under Chapter 3,
   2-24  Title 79, Revised Civil Statutes of Texas, 1925, as amended
   2-25  (Article 5069-3.01 et seq., Vernon's Texas Civil Statutes), on the
   2-26  effective date of this chapter is required only to pay the license
   2-27  fee required under this article and is not required to pay the
    3-1  investigation fee required by Section (a) of this article.
    3-2        <(h)  Fees collected under this article shall be deposited in
    3-3  the State Treasury to the credit of the State Board of Insurance
    3-4  operating fund.  Article 1.31A of this code applies to fees
    3-5  collected under this article.>
    3-6        (i)  An unexpired license may be renewed by paying the
    3-7  required renewal fee to the board before the expiration date of the
    3-8  license.  If a license has been expired for not longer than 90
    3-9  days, the license may be renewed by paying to the board the
   3-10  required renewal fee and a fee that is one-half of the original
   3-11  license fee.  If a license has been expired for longer than 90 days
   3-12  but less than two years, the license may be renewed by paying to
   3-13  the board all unpaid renewal fees and a fee that is equal to the
   3-14  original license fee.  If a license has been expired for two years
   3-15  or longer, the license may not be renewed.  A new license may be
   3-16  obtained by complying with the requirements and procedures for
   3-17  obtaining an original license.  At least 30 days before the
   3-18  expiration of a license, the commissioner of insurance shall send
   3-19  written notice of the impending license expiration to the licensee
   3-20  at his last known address.  This section may not be construed to
   3-21  prevent the board from denying or refusing to renew a license under
   3-22  applicable law or rules of the State Board of Insurance.
   3-23        (j)  <The board by rule may adopt a system under which
   3-24  licenses expire on various dates during the year.  For the year in
   3-25  which the license expiration date is less than one year from the
   3-26  issuance or anniversary date, the license fee shall be prorated on
   3-27  a monthly basis so that each licensee shall pay only that portion
    4-1  of the license fee that is allocable to the number of months during
    4-2  which the license is valid.  On each subsequent renewal of the
    4-3  license, the total license renewal fee is payable.>
    4-4        <(k)>  The board may waive any license requirement for an
    4-5  applicant with a valid license from another state having license
    4-6  requirements substantially equivalent to those of this state.
    4-7        SECTION 2.  Article 24.15, Insurance Code, is amended to read
    4-8  as follows:
    4-9        Art. 24.15.  <SERVICES CHARGES;> LIMITATION OF CHARGES;
   4-10  COMPUTATION.  (a)  A premium finance company may assess <not take
   4-11  or receive from> an insured a finance <greater rate or> charge as
   4-12  authorized under <than is provided by> Chapters 3 and 4, Title 79,
   4-13  Revised Civil Statutes of Texas, 1925, as amended (Article
   4-14  5069-3.01 et seq. and Article 5069-4.01 et seq., Vernon's Texas
   4-15  Civil Statutes), except that the rate of interest of the finance
   4-16  charge may not exceed 18 percent per year.
   4-17        (b)  The finance charge may not <Those charges> begin before
   4-18  <on> the date from which the insurance company requires payment of
   4-19  the premium and payment was made to the insurance company for the
   4-20  financed policy or on the effective date of the policy, whichever
   4-21  is earlier.  The finance charge shall be computed on the balance of
   4-22  the premiums due after subtracting the down payment made by the
   4-23  insured in accordance with the premium finance agreement.
   4-24        (c)  On insurance premium finance agreements made under this
   4-25  chapter, no insurance charges or any other charge or fee, except
   4-26  those authorized by this chapter, are permitted.
   4-27        SECTION 3.  Article 24.17(f), Insurance Code, is amended to
    5-1  read as follows:
    5-2        (f)  Whenever a financed insurance contract is cancelled, and
    5-3  the premium finance agreement contains an assignment or power of
    5-4  attorney for the benefit of the premium finance company, the
    5-5  insurer shall return whatever unearned premiums are due under the
    5-6  insurance contract directly to the premium finance company within
    5-7  15 <60> days after the policy cancellation date.  The insurer,
    5-8  however, may deduct from the unearned premium returned to the
    5-9  premium finance company the amount of unearned commission due from
   5-10  the agent or agency writing the insurance if the insurer notifies
   5-11  such agent or agency that such unearned commission should be
   5-12  returned to the premium finance company.  The insurer shall remit
   5-13  the unearned commission to the premium finance company within
   5-14  30 <120> days of the policy cancellation date if the agent has not
   5-15  returned the same to the premium finance company within 15 <90>
   5-16  days after the policy cancellation date.
   5-17        Provided, however, agents or agencies shall be liable for the
   5-18  return of unearned commissions on policies written through the
   5-19  Texas Catastrophe Property Insurance Association, the Texas
   5-20  Automobile Insurance Plan, and the Texas Medical Liability
   5-21  Insurance Underwriting Association.  Agents or agencies placing
   5-22  business through these plans shall return the unearned commissions
   5-23  to the premium finance company within 15 <60> days after the agent
   5-24  or agency has been notified of the cancellation.
   5-25        The insurer, except the Texas Catastrophe Property Insurance
   5-26  Association, the Texas Automobile Insurance Plan, and the Texas
   5-27  Medical Liability Insurance Underwriting Association, may return
    6-1  the unearned premiums to the producing agent or agency; however,
    6-2  the insurer shall remain liable and remit to the premium finance
    6-3  company within 30 <120> days of the policy cancellation date if the
    6-4  producing agent or agency does not return the unearned premiums to
    6-5  the premium finance company within 15 <90> days after the policy
    6-6  cancellation date, provided the premium finance company complied
    6-7  with the provisions of Article 24.22 herein.  In the event the
    6-8  premium finance company fails to comply with the provisions in
    6-9  Article 24.22 herein, the insurer, including the Texas Catastrophe
   6-10  Property Insurance  Association, the Texas Automobile Insurance
   6-11  Plan, and the Texas Medical Liability Insurance Underwriting
   6-12  Association, may satisfy any legal obligations it has to return the
   6-13  unearned premiums due under the insurance contract to the insurance
   6-14  premium finance company or returning said unearned premiums to the
   6-15  producing agent or agency.
   6-16        SECTION 4.  (a)  This Act applies only to a premium finance
   6-17  contract entered on or after September 1, 1995.  A premium finance
   6-18  contract entered before that date is governed by the law in effect
   6-19  on the date that the contract was entered, and the former law is
   6-20  continued in effect for that purpose.
   6-21        (b)  Article 24.03, Insurance Code, as amended by this Act,
   6-22  applies only to a license to engage in insurance premium financing
   6-23  that is renewed on or after September 1, 1995.  A license renewed
   6-24  before that date is governed by the law in effect on the date that
   6-25  the license was renewed, and the former law is continued in effect
   6-26  for that purpose.
   6-27        SECTION 5.  This Act takes effect September 1, 1995.
    7-1        SECTION 6.  The importance of this legislation and the
    7-2  crowded condition of the calendars in both houses create an
    7-3  emergency and an imperative public necessity that the
    7-4  constitutional rule requiring bills to be read on three several
    7-5  days in each house be suspended, and this rule is hereby suspended.