1-1 By: Sibley S.B. No. 1913
1-2 (In the Senate - Filed March 25, 1997; April 3, 1997, read
1-3 first time and referred to Committee on Economic Development;
1-4 April 11, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; April 11, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1913 By: Sibley
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to service contracts sold by a manufacturer or seller of
1-11 property covered by a service contract.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (b), Section 2, Article 1.14-1,
1-14 Insurance Code, is amended to read as follows:
1-15 (b) The provisions of this section do not apply to:
1-16 (1) the lawful transaction of surplus lines insurance
1-17 pursuant to Article 1.14-2;
1-18 (2) the lawful transaction of reinsurance by insurers;
1-19 (3) transactions in this state involving a policy
1-20 lawfully solicited, written, and delivered outside of this state
1-21 covering only subjects of insurance not resident, located, or
1-22 expressly to be performed in this state at the time of issuance,
1-23 and which transactions are subsequent to the issuance of such
1-24 policy;
1-25 (4) transactions involving contracts of insurance
1-26 independently procured through negotiations occurring entirely
1-27 outside of this state which are reported and on which premium tax
1-28 is paid in accordance with this Article;
1-29 (5) transactions in this state involving group life,
1-30 health or accident insurance (other than credit insurance) and
1-31 group annuities where the master policy of such groups was lawfully
1-32 issued and delivered in a state in which the company was authorized
1-33 to do an insurance business and such transactions are authorized by
1-34 other statutes of this state;
1-35 (6) lawful transactions by servicing companies of the
1-36 Texas workers' compensation employers' rejected risk fund pursuant
1-37 to Section 4.08, Article 5.76-2;
1-38 (7) management and accounting activities in this state
1-39 on behalf of a non-admitted captive insurance company that insures
1-40 solely directors' and officers' liability insurance for the
1-41 directors and officers of its parent and affiliated companies
1-42 and/or the risks of its parent and affiliated companies; provided,
1-43 that this provision does not exempt any insured or insurer from the
1-44 payment of any applicable tax on premiums or any other applicable
1-45 provision in this code; [or]
1-46 (8) the issuance of qualified charitable gift
1-47 annuities under Article 1.14-1A of this code; or
1-48 (9) transactions in this state involving service
1-49 contracts sold by the manufacturer or seller of the property
1-50 covered by the service contract where the manufacturer or seller of
1-51 the property or a third party is the obligor of the service
1-52 contract; provided that, in the case of a third party obligor, the
1-53 third party's obligation is insured by an insurer licensed to do
1-54 business in this state and the third party obligor is acting
1-55 through or with the written agreement of the manufacturer or seller
1-56 of the property. For purposes of this subdivision, "service
1-57 contract" means a contract or agreement for a separately stated
1-58 consideration for a specific duration to perform the repair,
1-59 replacement, or maintenance of property or indemnification for
1-60 repair, replacement, or maintenance, for the operational or
1-61 structural failure due to a defect in materials, workmanship, or
1-62 normal wear and tear, with or without additional provision for
1-63 incidental payment of indemnity under limited circumstances,
1-64 including but not limited to towing, rental, and emergency road
2-1 service, but the term does not include mechanical breakdown
2-2 insurance agreements sold by a person as defined in Section 2(a),
2-3 Article 21.21 of this code.
2-4 SECTION 2. This Act takes effect September 1, 1997.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.
2-10 * * * * *