KMS H.B. 3036 75(R)    BILL ANALYSIS


INSURANCE
H.B. 3036
By: Smithee
4-15-97
Committee Report (Unamended)

BACKGROUND 

Article 1.14-1, Sec. 2, Tex. Ins. Code, defines acts which constitute
doing the business of insurance in Texas and specifically exempts certain
transactions from the definition so that the transactions are not
considered unauthorized insurance. Service contracts do not constitute
insurance because they are designed to afford protection from internal
defects or failure of a product rather than protection against external
perils, and they provide service or product replacement rather than
indemnity. Consumers benefit from the economical, accessible and reliable
means of product service that a service contract provides.  Because
existing Texas law does not address service contracts, such contracts are
not as widely available in Texas as they would be with clear statutory
guidelines as to which service contract transactions are permissible. 

PURPOSE

Texas law is currently silent as to the sale of service contracts, but the
Texas Attorney General's Office and the Texas Department of Insurance take
the position that the sale of service contracts by the manufacturer or
seller of the property covered does not constitute the business of
insurance and is not subject to the Insurance Code.  HB 3036 codifies this
position and provides statutory guidance by amending Article 1.14-1, Sec.
2(b), to exempt the sale of service contracts, with certain provisions.
The legislation will open the service contract marketplace to Texas
consumers because it defines service contracts and excludes service
contract transactions from the definition of insurance.   

Financial Accounting Standards Board Technical Bulletin No. 90-1 makes
third-party obligor arrangements preferable for publicly-owned companies.
The bill provides for third-party obligor arrangements, and requires that
the third party's obligation be insured by a licensed insurer and be
subject to a written agreement with the manufacturer or seller of the
property. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1:  Amends Article 1.14-1, Sec. 2(b), Ins. Code, by adding
subsection (9) to exclude from the definitions of doing the business of
insurance, transactions in this state involving service contracts sold by
the manufacturer or seller of the property covered by the service contract
where the manufacturer or seller or a third-party is the obligor of the
service contract, provided that if a third party is the obligor, the third
party's obligation is insured by an insurer licensed to business in this
state and the third party obligor is acting through or with the written
agreement of the manufacturer or seller of the property.  Defines "service
contract," which does not include mechanical breakdown insurance
agreements. 

SECTION 2:  Emergency clause.