SRC-PNG C.S.S.B. 1076 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1076
76R11053 DWS-FBy: Carona
Economic Development
4/7/1999
Committee Report (Substituted)


DIGEST 

Currently, when consumers make a small loan, they have an option of
purchasing credit insurance from regulated loan licensees to insure the
amount of the loan in the event of an unexpected occurrence.  Consumers
also have the option of purchasing from these licensees noncredit insurance
such as term life, disability, accident and health, or loss of income
coverage and other products such as home security plans, automobile club
memberships, and extended service contracts.  While consumers may finance
the premiums for credit insurance, state law does not permit such financing
for noncredit insurance.  This bill would authorize customers of regulated
loan licensees to finance the charges for noncredit insurance and other
products. 

PURPOSE

As proposed, C.S.S.B. 1076 authorizes customers of regulated loan licensees
to finance the charges for noncredit insurance and other products. 

RULEMAKING AUTHORITY

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

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.  Authorizes an
authorized lender to offer certain types of non-credit 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 the
state.  Authorizes the cost of non-credit insurance or another product
under Subsection (a) to be collected from the borrower only under certain
conditions. 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 insurance commissioner authorizes
the charge or collection.  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. Makes conforming and
nonsubstantive changes. 

SECTION 1.02.  Amends Article 5069-3A.710, V.T.C.S., as follows:

Art.  3A.710.  New heading: PAYMENT FOR INSURANCE OR OTHER PRODUCTS FROM
LOAN PROCEEDS.  Provides that a lender who offers insurance, rather than
accepts insurance, or another product as permitted by this subchapter 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 Chapter 342I, Finance Code, by adding Section
342.4021, as follows: 

Sec.  342.4021.  NONCREDIT INSURANCE AND OTHER PRODUCTS.  Makes conforming
changes. 

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

Sec.  342.410.  New heading: 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.  Effective date: September 1, 1999, except as provided by
Subsections (b) and (c). Provides that Article 1 of this Act takes effect
only if the Act of the 76th Legislature, Regualr Session, 1999, relating to
nonsubstantive additions to and corrections in enacted codes does not take
effect.  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.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.01.

Amends Article 5069-3A.701, V.T.C.S.,   to authorize 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 the state.
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. Makes conforming and nonsubtantive changes.

SECTION 1.02.  

Amends Article 5069-3A.710, V.T.C.S., to amend the heading.  Makes
conforming and nonsubstantive changes. 

SECTION 1.03.  

Amends Article 3A.852(b), Title 79, V.T.C.S., to make nonsubtantive changes.
 
SECTION 2.01.

Amends Chapter 342I, Finance Code, to make conforming and nonsubstantive
changes. 

SECTION 2.02.

Amends Section 342.410, Finance Code, to amend the heading.  Makes
conforming and nonsubstantive changes.