By Burnam                                             H.B. No. 3118
         76R7267 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to private mortgage insurance.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 1B, Article 21.50, Insurance Code, is
 1-5     transferred to Subchapter E, Chapter 21, Insurance Code,
 1-6     redesignated as Article 21.50A, and amended to read as follows:
 1-7           Art. 21.50A.  PRIVATE MORTGAGE INSURANCE
 1-8           Sec. 1.  DEFINITIONS.  In this article:
 1-9                 (1)  "Borrower" means a mortgagor, as that term is
1-10     defined by 12 U.S.C.  Section 4901.
1-11                 (2)  "Lender" means a mortgagee or a servicer of a
1-12     loan, as those terms are defined by 12  U.S.C. Section 4901.
1-13                 (3)  "Private mortgage insurance" has the meaning
1-14     assigned by  12 U.S.C.  Section 4901.
1-15                 (4)  "Residential mortgage transaction" has the meaning
1-16     assigned by 12 U.S.C. Section 4901.
1-17           Sec. 2.  RIGHTS OF BORROWERS.  (a)  A borrower who has been
1-18     required to purchase private mortgage insurance in connection with
1-19     a residential mortgage transaction may cancel the coverage on the
1-20     earlier of:
1-21                 (1)  the cancellation date established under 12 U.S.C.
1-22     Section 4901 et seq., if the borrower complies with that law; or
1-23                 (2)  the date on which the borrower submits
1-24     satisfactory evidence to the lender that the principal balance of
 2-1     the loan is 80 percent or less of the:
 2-2                       (A)  fair market appraised value of the
 2-3     residential real property; or
 2-4                       (B)  appraised value of the residential real
 2-5     property for ad valorem tax purposes as determined by the
 2-6     appropriate chief appraiser.
 2-7           (b)  Cancellation of private mortgage insurance under
 2-8     Subsection (a)(2) of this section is effective on the first day of
 2-9     the first month that begins at least five days after the date the
2-10     borrower submits the satisfactory evidence to the lender.
2-11           (c)  A borrower who cancels private mortgage insurance is not
2-12     required to pay any amount attributable to a premium for private
2-13     mortgage insurance after the date determined under Subsection (b)
2-14     of this section.
2-15           (d)  If a lender receives a refund of an unearned private
2-16     mortgage insurance premium paid by a borrower, the lender shall
2-17     remit the refund to the borrower not later than the 10th business
2-18     day after the date on which the lender receives the refund.
2-19           (e)  A lender or private mortgage insurer may not charge the
2-20     borrower any fee in connection with cancellation of private
2-21     mortgage insurance under Subsection (a)  of this section.
2-22           Sec. 3 [1B].  NOTICE TO BORROWER.  [(a)]  A lender that
2-23     requires a borrower to purchase private mortgage [guaranty]
2-24     insurance shall provide annually to the borrower a copy of the
2-25     following written notice printed in at least 10-point bold-faced
2-26     type:
2-27           "NOTICE OF RIGHT TO CANCEL OR TERMINATE PRIVATE MORTGAGE
 3-1     INSURANCE IN CONNECTION WITH A RESIDENTIAL MORTGAGE TRANSACTION:
 3-2     Federal and state law grants you certain rights with respect to the
 3-3     purchase of private mortgage insurance.  If you currently pay
 3-4     private mortgage  insurance premiums in connection with a
 3-5     single-family dwelling that is your primary residence, under Texas
 3-6     law the lender must [you may have the right to] cancel the
 3-7     insurance and you may cease paying premiums if you present a
 3-8     current fair market or ad valorem tax appraisal from which it is
 3-9     shown that the principal balance of your loan is 80 percent or less
3-10     of the appraised value of your home.  In addition,  federal law
3-11     also gives you certain rights to cancellation or termination based
3-12     on the principal balance of your loan.  A more detailed explanation
3-13     of your rights under the federal law is attached to this notice.
3-14     If you qualify for cancellation or termination of the insurance
3-15     under either law, your [This would permit you to make a lower]
3-16     total monthly mortgage payment would be reduced and you may [to
3-17     possibly] receive a refund of any unearned premiums on the policy.
3-18     [In most cases, you have the right to cancel private mortgage
3-19     insurance if the principal balance of your loan is 80 percent or
3-20     less of the current fair market appraised value of your home.]  If
3-21     you want to learn whether you are eligible to cancel this
3-22     insurance, please contact us at (address and telephone number of
3-23     lender) or the Texas Department of Insurance consumer help line at
3-24     (the appropriate toll-free telephone number)."
3-25           [(b)  If a lender receives a refund of an unearned mortgage
3-26     guaranty insurance premium paid by a borrower, the lender shall
3-27     remit the refund to the borrower not later than the 10th business
 4-1     day after the date on which the lender receives the refund.]
 4-2           [(c)  If federal law requires a lender to provide a borrower
 4-3     with a written notice containing substantially the same information
 4-4     required by Subsection (a)  of this section, a lender who provides
 4-5     the notice required by federal law within the period prescribed by
 4-6     federal law satisfies the notice requirement of Subsection (a) of
 4-7     this section.]
 4-8           [(d)  In this section, "lender" has the meaning assigned by
 4-9     Section 1(1), Article 21.48A, of this code.]
4-10           SECTION 2.  This Act takes effect September 1, 1999.
4-11           SECTION 3.  This Act applies only to private mortgage
4-12     insurance purchased in connection with a residential mortgage
4-13     transaction that occurs on or after the effective date of this Act.
4-14     A residential mortgage transaction that occurs before the effective
4-15     date of this Act is governed by the law as it existed immediately
4-16     before that date, and this law is continued in effect for that
4-17     purpose.
4-18           SECTION 4.  The importance of this legislation and the
4-19     crowded condition of the calendars in both houses create an
4-20     emergency and an imperative public necessity that the
4-21     constitutional rule requiring bills to be read on three several
4-22     days in each house be suspended, and this rule is hereby suspended.