By: Sibley S.B. No. 1913
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to service contracts sold by a manufacturer or seller of
1-2 property covered by a service contract.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Article 1.14-1, Insurance Code, is
1-5 amended by adding Subsection (b)(9) to read as follows:
1-6 (9) Transactions in this state involving service
1-7 contracts where the manufacturer or seller of the property or a
1-8 third party is the obligor of the service contract; provided that,
1-9 in the case of a third party obligor, the third party's obligation
1-10 is insured by an insurer licensed to do business in this state and
1-11 the third party obligor is acting through or with the written
1-12 agreement of the manufacturer or seller of the property. For
1-13 purposes of this subsection, "service contract" means a contract or
1-14 agreement for a separately stated consideration for a specific
1-15 duration to perform the repair, replacement or maintenance of
1-16 property or indemnification for repair, replacement or maintenance,
1-17 for the operational or structural failure due to defect in
1-18 materials, workmanship or normal wear and tear, with or without
1-19 additional provision for incidental payment of indemnity under
1-20 limited circumstances, including, but not limited to, towing,
1-21 rental and emergency road service, but does not include mechanical
2-1 breakdown insurance agreements sold by a person as defined in
2-2 Section 2(a), Article 21.21 of this code.
2-3 SECTION 2. This Act takes effect September 1, 1997.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.