HBA-ATS S.B. 1076 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 1076
By: Carona
Insurance
5/19/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, when a consumer makes a small loan, that consumer may purchase
credit insurance from a regulated loan licenser to insure the amount of the
loan in the event of an unexpected occurrence. A consumer also has the
option of purchasing from such a licenser  noncredit insurance such as term
life, disability, accident and health, or loss of income coverage and other
products such as a home security plan, an automobile club membership, or an
extended service contract.  While a consumer may finance the premiums for
credit insurance, state law does not permit such financing for noncredit
insurance.  S.B. 1076 authorizes a customer of a regulated loan licenser to
finance the charges for noncredit insurance and other products.  This bill
also authorizes customers of a regulated loan licenser to finance the a
charge for noncredit insurance and other products. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of insurance in
SECTION 1.01 (Article 3A.717, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  AMENDMENTS TO TITLE 79, REVISED STATUTES

SECTION 1.01.  Amends Article 5069-3A.701 et seq., V.T.C.S., by adding
Article 3A.717, as follows: 

Art.  3A.717.  NONCREDIT INSURANCE AND OTHER PRODUCTS.  (a)  Authorizes an
authorized lender to offer certain types of noncredit insurance and other
products, in connection with or subsequent to a loan made under Subchapter
E or G, if agent licensing requirements and policy forms comply with the
applicable provisions of the Insurance Code and other insurance laws of
this state.  

(b)  Authorizes the cost of noncredit insurance or another product under
Subsection (a) to be collected from the borrower only under certain
conditions.   

(c)  Prohibits an authorized lender from charging or collecting an amount
for a type of noncredit insurance or other product that is not specified in
Subsection (a) unless the commissioner of insurance (commissioner)
authorizes the charge or collection.   

(d)  Provides that the cost of noncredit insurance and other products
purchased under this chapter, and any gain or advantage received by an
authorized lender or an employee, officer, director, general or other
agent, affiliate, or associate of the lender as a result of a charge for
noncredit insurance or other products authorized under this chapter, is not
considered a further or other charge or amount received in connection with
a loan made under this chapter. 

(e) Requires the commissioner, by rule, to provide for Spanish-language
disclosure of the information required in Subsection (b). 

SECTION 1.02.  Amends Article 5069-3A.710, V.T.C.S., as follows:
 
Art.  3A.710.  New title: PAYMENT FOR INSURANCE AND OTHER PRODUCTS FROM
LOAN PROCEEDS.   (a)  Provides that a lender who offers insurance or
another product as permitted by this subchapter, rather than accepts
insurance, may deduct the premium for the insurance or charge for the other
product from the proceeds of the loan and shall pay the deducted amounts to
the insurance company writing the insurance or to the vendor of the other
product.  Deletes text authorizing the lender to deduct an identifiable
charge for the insurance. 

SECTION 1.03.  Amends Article 5069-3A.852(b), V.T.C.S., to authorize a
lender to assess and collect from the borrower an amount incurred by the
lender for the premium, received in connection with the sale of insurance
or the charge for any other product authorized under this chapter, on a
loan subject to Subchapter E or a secondary mortgage loan subject to
Subchapter G.  Makes conforming changes. 

ARTICLE 2.  AMENDMENTS TO FINANCE CODE

SECTION 2.01.  Amends Subchapter I, Chapter 342, Finance Code, by adding
Section 342.4021, to make conforming changes. 

SECTION 2.02.  Amends Section 342.410, Finance Code, as follows:

Sec.  342.410.  New title: PAYMENT FOR INSURANCE OR OTHER PRODUCTS FROM
LOAN PROCEEDS.  Makes conforming and nonsubstantive changes. 

SECTION 2.03.  Amends Section 342.502(b), Finance Code, to make conforming
changes. 

ARTICLE 3.  EFFECTIVE DATE; APPLICATION; EMERGENCY

SECTION 3.01.  (a) Effective date: September 1, 1999, except as provided by
Subsections (b) and (c). 

(b) Provides that Article 1 of this Act takes effect only if the Act of the
76th Legislature, Regular Session, 1999, relating to nonsubstantive
additions to and corrections in enacted codes does not take effect. 

(c) Provides that Article 2 of this Act takes effect only if the Act of the
76th Legislature, Regular Session, 1999 relating to nonsubstantive
additions to and corrections in enacted codes takes effect. 

SECTION 3.02.  Makes application of this Act prospective.

SECTION 3.03.  Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment No. 1:

Amends S.B. 1076 in proposed Article 5069-3A.717(a), V.T.C.S., by
authorizing an authorized lender to offer certain types of noncredit
insurance and other products, contemporaneously, rather than in connection,
with or subsequent to a loan made under Subchapter E (Interest Charges on
NonReal Property Loans) or G (Interest and Other Charges on Secondary
Mortgage Loans). 

Amends S.B. 1076 in proposed Article 5069-3A.717(a), V.T.C.S., by
subjecting an authorized lender to agent licensing requirements, policy
form requirements, and refunding methods. 

Amends S.B. 1076 in proposed Article 5069-3A.717(a), V.T.C.S., by changing
one of the types of noncredit insurance or other products authorized to be
offered by an authorized lender from disability insurance to disability
income insurance. 

 
Amends S.B. 1076 by adding a new Article 5069-3A.717(b), V.T.C.S., to
provide that a borrower must have the option of purchasing any of the
noncredit insurance or other products separately. 

Amends S.B. 1076 by redesignating proposed Articles 5069-3A.717(b), (c),
(d), and (e) to Articles 5069-3A.717(c), (d), (e), and (f). 

Amends S.B. 1076 in redesignated Article 5069-3A.717(c) by adding new
Subdivisions (4) and (5) as additional conditions that must be met before
the cost of noncredit insurance or another product may be collected.  New
Subdivision (4) sets forth that the borrower is to be provided a separate
notice stating that the product is not credit insurance, the purchase of
the product was not a condition for loan approval, the borrower has 30 days
from the time the borrower receives the notice to cancel the purchase and
receive a full refund, and, if the borrower elected to finance the
purchase, the borrower is paying a finance charge for the cost of the
product.  New Subdivision (5) requires the separate notice sent to the
borrower to include a separate section that may be detached and returned to
the vendor to permit the customer to cancel the purchase and receive a full
cash refund.  New Subdivision (5) also requires this section also to
contain the mailing address of the vendor.  The amendment redesignates
proposed Subdivision (4) to Subdivision (6) and makes conforming changes. 

Amends S.B. 1076 in existing Article 5069-3A.852(b), V.T.C.S., to provide
that the premium received in connection with the sale of credit insurance,
the premium received for noncredit insurance, and the charge for any other
authorized product, rather than insurance or the charge for any other
authorized product, may be assessed by the lender and collected from the
borrower for a Subchapter E loan or Subchapter G secondary mortgage loan. 

Amends S.B. 1076 in proposed Section 342.4021(a), Finance Code, by
authorizing an authorized lender to offer certain types of noncredit
insurance and other products, contemporaneously, rather than in connection,
with or subsequent to a loan made under Subchapter E (Refund of Precomputed
Interest) or G (Insurance). 

Amends S.B. 1076 in proposed Section 342.4021(a), Finance Code, by
subjecting an authorized lender to agent licensing requirements, policy
form requirements, and refunding methods. 

Amends S.B. 1076 in proposed Section 342.4021(a), Finance Code, by changing
one of the types of noncredit insurance or other products authorized to be
offered by an authorized lender from disability insurance to disability
income insurance. 

Amends S.B. 1076 by adding a new Section 342.4021(b), Finance Code, to
provide that a borrower must have the option of purchasing any of the
noncredit insurance or other products separately. 

Amends S.B. 1076 by redesignating proposed Sections 342.4021(b), (c), (d),
and (e) to Section 342.4021(c), (d), (e), and (f). 

Amends S.B. 1076 in redesignated Section 342.4021(c) by adding new
Subdivisions (4) and (5) as additional conditions that must be met before
the cost of noncredit insurance or another product may be collected.  New
Subdivision (4) sets forth that the borrower is to be provided a separate
notice stating that the product is not credit insurance, the purchase of
the product was not a condition for loan approval, the borrower has 30 days
from the time the borrower receives the notice to cancel the purchase and
receive a full refund, and, if the borrower elected to finance the
purchase, the borrower is paying a finance charge for the cost of the
product.  New Subdivision (5) requires the separate notice sent to the
borrower to include a separate section that may be detached and returned to
the vendor to permit the customer to cancel the purchase and receive a full
cash refund.  New Subdivision (5) also requires this section also to
contain the mailing address of the vendor.  The amendment redesignates
proposed Subdivision (4) to Subdivision (6) and makes conforming changes. 

Amends S.B. 1076 in existing Section 342.502(b), Finance Code, to provide
that the premium received in connection with the sale of credit insurance,
the premium received for noncredit insurance, and the charge for any other
authorized product, rather than insurance or the charge for  any other
authorized product, may be assessed by the lender and collected from the
borrower for a Subchapter E loan or Subchapter G secondary mortgage loan.