By: Rosson S.B. No. 1451
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the disclosure of installment payment plan options to
1-2 consumers purchasing certain motor vehicle insurance.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 21, Insurance Code, is
1-5 amended by adding Article 21.15-7 to read as follows:
1-6 Art. 21.15-7. INSTALLMENT PAYMENT OPTION DISCLOSURE
1-7 Sec. 1. APPLICABILITY. This article applies to any agent or
1-8 solicitor licensed to sell private passenger motor vehicle
1-9 insurance policies in this state, including agents for county
1-10 mutual insurance companies, Lloyd's associations, interinsurance
1-11 exchanges, and reciprocals.
1-12 Sec. 2. DISCLOSURE REQUIRED. An insurance agent offering or
1-13 selling private passenger motor vehicle insurance in this state
1-14 must disclose to the insured or prospective insured all payment
1-15 plan options, including the payment plan available to an applicant
1-16 for insurance through the Texas Automobile Insurance Plan
1-17 Association (TAIPA), if applicable. If the agent offers a premium
1-18 finance loan as one option, the agent must also provide a
1-19 comparison between the terms of the premium loan and the payment
1-20 plan available through the insurer. Such disclosure must include a
1-21 comparison of the down payments, the monthly payments, and the
1-22 total amounts of the finance charges and monthly service charges.
1-23 The disclosure and comparison shall be made on a standard
2-1 disclosure form in English and Spanish, to be adopted by the
2-2 commissioner.
2-3 Sec. 3. EXEMPTION. An agent is not required to disclose an
2-4 installment payment plan option to an insured or applicant for
2-5 insurance coverage who, during the two years preceding the date of
2-6 the application for insurance coverage or the renewal of existing
2-7 insurance coverage, has been a named insured on a private passenger
2-8 motor vehicle insurance policy canceled for nonpayment of required
2-9 premiums.
2-10 SECTION 2. This Act takes effect September 1, 1995, and
2-11 applies only to a private passenger motor vehicle insurance policy
2-12 that is delivered, issued for delivery, or renewed on or after
2-13 January 1, 1996. A policy that is delivered, issued for delivery,
2-14 or renewed before January 1, 1996, is governed by the law as it
2-15 existed immediately before the effective date of this Act, and that
2-16 law is continued in effect for that purpose.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.