SRC-JFA S.B. 1792 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1792
By: Wentworth
State Affairs
4-18-97
As Filed


DIGEST 

Currently, only 14 states, not including Texas, regulate travel sales or
travel sellers within the travel and tourism industry.  In recent years,
there has been an increase in the number of fraudulent offers of travel
services or travel-related opportunities made to Texas consumers.  This
bill would require registration and would set forth regulations governing
certain entities and persons that offer travel and transportation-related
services to Texas consumers.   

PURPOSE

As proposed, S.B. 1792 requires the registration and sets forth
regulations of certain entities and persons that provide travel and
transportation-related services.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of licensing and
regulation in SECTIONS 4(a) and (d), 5, 6(a) and 12, and to the Commission
of Licensing and Regulation in SECTION 5(a). 

SECTION BY SECTION ANALYSIS

SECTION 1. PURPOSE.  Sets forth legislative findings relating to
regulation of the travel and tourism industry.  

SECTION 2. DEFINITIONS.  Defines "commission," "commissioner,"
"department," "offer for sale," "person," "seller of travel,"
"transportation-related services," "travel counselor," and "traveler."  
SECTION 3. CERTIFICATE OF REGISTRATION REQUIRED.  Prohibits a person from
acting as a seller of travel or a travel counselor in this state unless
the person holds a certificate of registration under this Act.  Provides
that a person is eligible for registration as a seller of travel if the
person meets certain conditions.  Provides that a person is eligible for
registration as a travel counselor if the person meets certain conditions.
Requires the Department of Licensing and Regulation (department) to issue
a certificate of registration on approval of the application and receipt
of payment of all registration fees.  

SECTION 4. APPLICATION FOR CERTIFICATE OF REGISTRATION; TERM AND RENEWAL.
Requires a person applying for a certificate of registration to apply to
the department on a form prescribed by the commissioner of licensing and
regulation (commissioner).  Requires the application to be accompanied by
any required bond and any required registration fee.  Sets forth the
required contents for an application for registration by a corporation.
Requires an application for registration by a person who is not a resident
of the state to be accompanied by certain items. Requires a nonresident
applicant to comply with all other application requirements under this
Act. Requires a nonresident's application to be accompanied by a written
irrevocable consent to service of process.  Sets forth the required
content of the consent to service of process.  Requires the consent to
service of process to be in a form prescribed by the commissioner and
accompanied by additional information required by rule of the
commissioner.  Provides that a certificate of registration issued under
this Act is valid for one year from the date of issuance.  Requires a
certificate of registration issued under this Act to be renewed before the
30th day after the expiration date of the certificate by written request
by the registrant and the payment of the required registration fee. 

 SECTION 5. FEES; RULES.  Requires the Commission of Licensing and
Regulation (commission) to adopt fees under this Act in amounts necessary
for the administration of this Act.  Requires the commissioner to adopt
rules relating to registering as a seller of travel or a travel counselor
under this Act; and prescribe any form required under this Act.     

SECTION 6. EVIDENCE OF FINANCIAL SECURITY.  Requires an application for a
certificate of registration as a seller of travel to be accompanied by a
cash performance bond or surety issued in accordance with the insurance
laws of this state in the amount prescribed by rule of the commissioner.
Requires a bond under this section to be payable to the state for the use
and benefit of any traveler who is injured by the fraud,
misrepresentation, or financial failure of the seller of travel and
conditioned that the registrant will pay any judgment recovered by any
traveler in any suit for actual damages.  Provides that the bond is open
to successive claims, but the aggregate amount may not exceed the penalty
of the bond.  Authorizes a seller of travel, if the registered seller of
travel is engaged exclusively in the sale of transportation and
transportation-related services in connection with charter air
transportation, in lieu of the required bond, to file with the department
a copy of the person's application to the U.S. Department of
Transportation for each public offering; a copy of the notice of receipt
by the Department of Transportation; and a statement by the seller of
travel that the application was not disapproved.  Authorizes a seller of
travel, if the registered seller of travel has contracted with the
Airlines Reporting Corporation (ARC) or the Passenger Network Services
Corporation (PNSC), in lieu of the required bond, to file with the
department a certified copy of the official approval and appointment of
the seller of travel from ARC or PNSC.  Authorizes a seller of travel, in
lieu of any bond or guarantee required to be provided by this section, to
file with the department proof of professional liability and errors and
omissions insurance in an amount of at least $1,000,000 annually; or
deposit with the department cash, securities, or a statement from a
licensed financial institution guaranteeing the performance of the seller
of travel in a similar amount or evidence satisfactory to the department
of the deposit of the collateral to be held or applied to the purposes to
which the proceeds of the bond would otherwise be applied.   

SECTION 7. EXEMPTIONS.  Provides that this Act does not apply to certain
persons, common carriers, and entities.   

SECTION 8. DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATE OF
REGISTRATION.  Authorizes the commissioner to deny, suspend, or revoke the
certificate of registration of a seller of travel or a travel counselor
for performing certain actions.  Provides that a proceeding under this Act
is subject to Chapter 2001, Government Code.  Provides that this section
does not relieve a person from civil liability or from criminal
prosecution under this Act or under the laws of this state. 

SECTION 9. TEMPORARY SUSPENSION OF REGISTRATION.  Authorizes the
commissioner, if the department determines that the public health, safety,
or welfare requires emergency action to prevent immediate and irreparable
harm to any person or to the public because of any act or practice of a
registrant, to temporarily suspend a certificate of registration issued
under this Act pending further proceedings under this Act.  

SECTION 10. ADVERTISING; DISPLAY OF CERTIFICATE.  Requires a seller of
travel that advertises in this state to indicate in the advertisement the
name and registration number of the person.  Requires each seller of
travel to display the person's certificate of registration in a prominent
place in the location where the travel business is conducted.  Requires
the registrant, if a seller of travel conducts business in more than one
location, to apply and to pay the fee for an additional certificate
designated as a branch office certificate to comply with Subsection (b) of
this section. 

SECTION 11. EMPLOYMENT BY SELLER OF TRAVEL.  Prohibits a registered travel
counselor from acting as a travel counselor for a seller of travel unless
the seller of travel is registered under this Act.  Prohibits a registered
seller of travel from employing a person as a travel counselor unless the
travel counselor is registered under this Act. 

SECTION 12. SUBSTITUTED SERVICE OF PROCESS.  Requires the commissioner to
adopt rules providing for the substituted service of process on a person
registered under this Act.   

 SECTION 13. PREEMPTION.  Prohibits a municipality or other political
subdivision of this state from levying or collecting a registration tax or
fee or from requiring the registration in any manner of a seller of travel
or travel counselor registered under this Act.  

SECTION 14. OFFENSE.  Provides that a person commits a Class A misdemeanor
if the person acts as a seller of travel or a travel counselor without
holding a certificate of registration under this Act. 

SECTION 15. (a)  Effective date: September 1, 1997.

(b)  Effective date for SECTIONS 3 and 14:  January 1, 1998. 

(c)  Requires the commissioner and the commission to adopt rules as
required by this Act and Article 9100, V.T.C.S., by November 1, 1998.   

SECTION 16. Emergency clause.