AN ACT
1-1 relating to the licensing of agents for the sale of credit
1-2 insurance.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 21.07, Insurance Code, is amended by
1-5 adding Section 21 to read as follows:
1-6 Sec. 21. CREDIT INSURANCE AGENTS. (a) In this section:
1-7 (1) "Agent" means a person or corporation licensed to
1-8 sell credit insurance in accordance with this article and as
1-9 specifically provided by this section.
1-10 (2) "Credit insurance" includes:
1-11 (A) credit life insurance;
1-12 (B) credit accident and health insurance;
1-13 (C) credit property insurance; and
1-14 (D) credit involuntary unemployment insurance.
1-15 (3) "Credit property insurance" means insurance:
1-16 (A) providing coverage (i) on personal property
1-17 used as collateral for securing a personal or consumer loan, or
1-18 (ii) on personal property under an installment sales agreement or
1-19 through a consumer credit transaction; and
1-20 (B) purchased in connection or in relation to
1-21 such personal or consumer loan, installment sale, or consumer
1-22 credit transaction; but
1-23 (C) shall not include any insurance which
2-1 provides theft, collision, liability, property damage, or
2-2 comprehensive insurance coverage on any automobile, motorized
2-3 aircraft, motorcycle, truck, truck-tractor, traction engine, or any
2-4 other self-propelled vehicle which is designed primarily for
2-5 operation in the air or on highways, roadways, waterways, or the
2-6 sea, and its operating equipment, or which is necessitated by
2-7 reason of the liability imposed by law for damages arising out of
2-8 the ownership, operation, maintenance, or use of any of the above
2-9 vehicles and crafts; provided, however, such excluded insurance
2-10 does not include single interest coverages on any of the above
2-11 vehicles and crafts that insures the interest of the creditor in
2-12 the same as collateral for a loan.
2-13 (b) On appointment by the insurance company, an agent may
2-14 act as the agent of any company authorized to engage in the
2-15 business of insurance under this code in the sale of any type of
2-16 credit insurance that the company is authorized to write. The
2-17 authority conferred under this section is in addition to the
2-18 authority conferred under Sections 3(a) and (b) of this article and
2-19 specifically permits the sale of both individual and group credit
2-20 insurance.
2-21 (c) The department shall issue a credit insurance agent
2-22 license to a person or corporation that applies for that license on
2-23 receipt of a complete application in the form prescribed by the
2-24 department and evidence satisfactory to the department of
2-25 appointment of the agent by an insurance company authorized to
3-1 engage in the business of insurance in this state.
3-2 (d) A credit insurance agent is not required to comply with
3-3 any examination or continuing education requirement imposed under
3-4 this article to obtain or renew a license issued under this
3-5 section.
3-6 (e) The department shall stamp the face of a license issued
3-7 under this section with the words "CREDIT INSURANCE ONLY."
3-8 SECTION 2. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended,
3-13 and that this Act take effect and be in force from and after its
3-14 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1292 passed the Senate on
April 23, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 30, 1997, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1292 passed the House, with
amendment, on May 26, 1997, by the following vote: Yeas 143,
Nays 0, one present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor