RS C.S.H.B. 3563 75(R)    BILL ANALYSIS


INSURANCE
C.S.H.B. 3563
By: Smithee
5-2-97
Committee Report (Substituted)



BACKGROUND 
For years, national rental car companies have purchased liability
insurance to protect themselves and their customers for liability arising
from the negligent operation of a rental vehicle. Additionally, the rental
car companies have made available to their customers optional additional
coverage in excess of the standard liability limits provided in the rental
agreement for an additional charge included in the customer's rental
agreement and paid to the insurance companies.  Other optional insurance
coverages are available to the customer for accident or loss that occurs
during the rental period. 

Most states view the availability of these insurance options merely as
ancillary to and  ministerial of the rental transaction.  Three states,
New York, North Carolina and Florida, have enacted statutes which provide
for the issuance of a limited agents license to the rental car company to
cover these limited insurance transactions. 

The Texas Department of Insurance has initiated an investigation of these
activities by the rental car companies in Texas to determine if the
transactions constitute unauthorized insurance.  The current law in Texas
is unclear as to its applicability to these activities.  While denying
that making available these insurance options constitutes an unauthorized
act of insurance, the rental car companies have agreed with the Texas
Department of Insurance to clarify existing law and submit to a limited
licensing law similar to those in New York and North Carolina.  CSHB 3563
is identical to the statute in North Carolina. 

PURPOSE
The purpose of the legislation is to authorize the Commissioner of
Insurance to issue limited agents licenses to automobile rental companies
or their franchisees. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant
additional rulemaking authority to a state officer, department, agency or
institution.  However, in SECTION 1 of the bill (Article 21.07, Subsection
(j), Insurance Code) existing rule-making authority to the Texas
Department of Insurance is referenced. 

SECTION BY SECTION ANALYSIS
SECTION 1. - Article 21.07, Insurance Code is amended by adding Sec. 21 as
follows: 

Sec. 21(a) - A commissioner may issue a license to a rental car company or
franchisee of a rental car company under this article only for the limited
purposes set in this section. 

(b) Defines: "Limited license," "Rental agreement," "Rental car company,"
"Renter," and "Vehicle." 

(c) The commissioner may issue to a rental car company or to a franchise
of a rental car company a "limited license" for the purposes of this
section to act as an agent for the types of insurance specified in this
section. 

(d) The prerequisites for issuing a limited license under this section
are: A written application signed by an officer of the applicant
containing information as the  commissioner may prescribe, and a
certificate stating that the insurer is satisfied that the applicant is
trustworthy and competent to act as an agent for this limited purpose.
Such information will be subscribed to by an officer or managing agent,
and will be affirmed as true under penalties of perjury. 

(e) In the event a provision of this section is violated, the commissioner
may revoke or suspend the license in accordance with Art. 21.01-2 of this
code, or impose penalties after notice and hearing, suspending transaction
of insurance at specific locations where such violations have occurred. 

(f) A rental car company or franchisee may license pursuant to subsection
(c) for the following kinds of insurance in connection with rental
vehicles: Excess liability insurance, Accident and health insurance,
Personal effects insurance, any other coverage the commissioner may
approve as meaningful in connection with the rental of vehicles. 

(g) No insurance may be issued under this article unless: the rental
period does not exceed 30 days, brochures providing rental information are
prominently displayed and available, and evidence of coverage  is provided
to every renter who elects to purchase coverage. 

(h) Any limited licensee under this section shall also authorize any
salaried employee of the licensee who pursuant to subsection (i)  is
trained to act individually on behalf and under supervision of the
licensee with respect to  the insurance specified under this section. 

(i)  Each rental car company or franchisee licensed under this section
shall conduct a training program which shall be submitted to the
commissioner for approval, and shall meet certain standards. 

(j) Limited licensees acting under this article shall comply with all
applicable provisions of this article or rule adopted by the commissioner.
A limited licensee shall not be required to treat premiums collected from
renters purchasing such insurance as funds collected in a fiduciary
capacity provided that the insurer has consented in writing that premiums
need not be segregated from funds received by the rental company on
account of vehicle rental, and the charges are itemized but not billed to
the renter separately from charges for renting the vehicle. 

(k) No limited licensee or any of its employees shall hold themselves out
as licensed insurance agents. 

SECTION 2. - Effective Date September 1, 1997.

SECTION 3. - Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

1.On page 1, subsection (a), lines 9-10, the words "or to the franchisee
of a rental car company" were added; 

2.On page 2, subsection (d)(2), line 19, the word "is" was added;

3.On page 2, subsection (d)(2), line 21-22, the words "applicant to act as
the agent in reference to the doing of such" were added; 

4.On page 3, subsection (f)(2), line 23, the words "involving the rental
vehicle" were added; 

5.On page 3, subsection (f)(3), line 25, the word "rental" was added;

6.On page 4, subsection (g)(2), line 11, the words "prominently displayed
and" were added; 
 
7.On page 5, subsection (E), line 1, the word "be" was changed to "by"; and

8.On page 6, subsection (k), line 13, the word "or" was added.