SRC-JBJ H.B. 3714 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3714
By: Shields
Economic Development
5/14/1999
Engrossed


DIGEST 

Lenders who secure their loans by a lien on personal property (collateral)
depend on the value of the property to ensure that the principal of the
loan will be paid if the borrower defaults on the loan. However, if the
property is stolen or destroyed, the lender no longer has any means of
ensuring repayment of the principal.  Some lenders require borrowers to
obtain insurance on the collateral and list the lender as the beneficiary
of the insurance.  There are currently no rules regulating collateral
protection insurance.  H.B. 3714 would establish rules for lenders to
ensure collateral is insured against loss at the rate most reasonable to
the consumer. 

PURPOSE

As proposed, H.B. 3714 amends regulations regarding collateral protection
insurance. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 341, Finance Code, by adding Subchapter F, as
follows: 

SUBCHAPTER F.  COLLATERAL PROTECTION INSURANCE

Sec. 341.501. DEFINITIONS. Defines "collateral," "collateral protection
insurance," "credit agreement," "credit transaction," "creditor," "debtor,"
and "title insurance." 

Sec. 341.502.  COLLATERAL PROTECTION INSURANCE.  Provides that collateral
protection insurance is insurance coverage that is purchased by a creditor
after the date of a credit agreement, provides monetary protection against
the collateral or liability arising out of ownership or use, and is
purchased according to the terms of certain credit agreements.  Provides
that collateral insurance includes insurance coverage that is purchased to
protect only the interest of the creditor or insurance coverage to protect
both the creditor and the debtor Authorizes the term of a collateral
protection insurance policy to extend to the full term of the credit
transaction.  Provides that collateral protection insurance does not
include certain insurance coverage. 

Sec. 341.503. CREDITOR DUTIES.  Authorizes a creditor to place collateral
protection insurance provided that the debtor has entered into a credit
transaction with the creditor, the credit transaction has been reduced to a
credit agreement which requires the debtor to maintain insurance, and a
notice containing specified language has been provided to the debtor.
Specifies that the required notice must be printed in type that is as least
10 point in size, and in all bold, capital letters. Requires the creditor
to mail to the debtor a notice and specifies that the notice must contain
specified information.  Requires the creditor, if the notice is returned to
the creditor undelivered, to locate the debtor by using the procedures the
creditor regularly uses for locating debtors, and mal a second notice at
the time the debtor is located.  Provides that the terms for repayment of
the costs of the collateral protection insurance must include one or more
of the enumerated payment methods. 

Sec. 341.504. AMORTIZATION OF DEBT.  Requires the creditor, if any form of
amortization is used by the creditor, to send to the debtor notice of the
terms of the amortization and change  in the debtor's periodic payment.  
 
Sec. 341.505.  CANCELLATION OF COLLATERAL PROTECTION INSURANCE. Authorizes
a debtor at any time to cause the cancellation of collateral protection
insurance by providing proper evidence to the creditor that the debtor has
obtained insurance as required by the credit agreement.  Provides that if a
debtor provides the creditor with proper evidence that the debtor had
insurance on the collateral as required by the credit agreement on or
before the date the collateral protection insurance is effective and that
the debtor continues to have insurance on the collateral as required by the
credit agreement, the creditor is required to cancel the insurance that it
purchased and may not charge the debtor any costs, interest, or other
charges in connection with the insurance.  
 
Sec. 341.506. REFUND OF UNEARNED PREMIUMS.  Provides that upon cancellation
or expiration of collateral protection insurance, the amount of unearned
premiums, if any, as calculated in accordance with the Texas Automobile
Rules and Rating Manual or the policy filed by the insurer with the Texas
Department of Insurance (department), is required to be refunded to the
creditor.  Requires the creditor to distribute a refund of unearned
premiums directly to the debtor by check or other means, but not later than
the 14th day. 
 
Sec. 341.507. CHOICE OF CARRIER.  Authorizes collateral protection
insurance to be placed with an insurer that is authorized to write
insurance in this state or an eligible surplus lines insurer selected by
the creditor. Requires the insurance to be evidenced by an individual
policy or a certificate of insurance.  
 
Sec. 341.508.  CREDITOR LIABILITY.  Provides that a creditor, its insurer
or the insurer's agent that places collateral protection insurance in
compliance with the terms of this subchapter is not directly or indirectly
liable in any manner to a debtor, co-signor, guarantor, or any other
person, in connection with the placement of the collateral protection
insurance.  Provides that this subchapter does not impose a fiduciary
relationship between the creditor and the debtor. Provides that placement
of collateral protection insurance is for the sole purpose of protecting
the interest of the creditor when the debtor fails to insure collateral as
required by the credit agreement. Provides that a creditor is not required
to purchase collateral protection insurance or to otherwise insure
collateral.  Provides that a creditor is not  liable to a debtor or to any
other person for not purchasing collateral protection insurance, as a
result of the amount or level of coverage of collateral protection
insurance purchased by the creditor, or because the creditor purchased
collateral protection insurance that protects only the interests of the
creditor or less than all of the interest of the debtor.  Provides that
this subchapter does not create a cause of action for damages on behalf of
the debtor or any other person in connection with the placement of
collateral protection insurance.  
 
Sec. 341.509.  RIGHTS OF CREDITOR AND DEBTOR.  Provides that the
obligations and rights of the creditor and the debtor with respect to the
collateral under Chapters 1-9, Business & Commerce Code, are not affected
by this subchapter. Provides that this subchapter does not impair any other
remedies, rights, or options available to a creditor pursuant to any law,
regulation, ruling, court order, contract, or agreement.  Provides that
this subchapter does not impair or alter other requirements of this code or
other law that may apply to a credit transaction. 

SECTION 2.  Amends the heading to Chapter 341D, Finance Code, as follows:

SUBCHAPTER D.  New title: ADVERTISING REQUIREMENTS.  Deletes "and
insurance." 

SECTION 3.  Repealer: Section 341.302, Finance Code (Collateral Protection
Insurance Paid by Debtor). 

SECTION 4.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 5.  Emergency clause.