By Shapiro                                             S.B. No. 517
         76R5933 DWS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to automobile clubs.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 722.002, Transportation Code, is amended
 1-5     by amending Subdivision (2) and adding Subdivisions (3)-(5) to read
 1-6     as follows:
 1-7                 (2)  "Automobile club" means a person who, for
 1-8     consideration, promises the membership assistance in matters
 1-9     relating to travel, and to the operation, use, or maintenance of a
1-10     motor vehicle, by supplying services such as [services related to]:
1-11                       (A)  community traffic safety;
1-12                       (B)  travel and touring;
1-13                       (C)  theft prevention or rewards;
1-14                       (D)  maps;
1-15                       (E)  towing;
1-16                       (F)  emergency road service [assistance];
1-17                       (G)  bail bonds and legal fee reimbursement in
1-18     the defense of traffic offenses; [and]
1-19                       (H)  lockout or lost key service;
1-20                       (I)  insurance service as provided by Section
1-21     722.0021;
1-22                       (J)  immediate destination service;
1-23                       (K)  trip interruption service; and
1-24                       (L)  reimbursement service as provided by Section
 2-1     722.0022 [purchase of accidental injury and death benefits
 2-2     insurance coverage from an authorized insurance company].
 2-3                 (3)  "Emergency road service" means the adjustment,
 2-4     repair, or replacement of tires, mechanical parts, or other
 2-5     equipment of a motor vehicle performed at or near the site of a
 2-6     breakdown or accident involving the motor vehicle, but not at a
 2-7     repair facility, to permit the motor vehicle to be operated under
 2-8     its own power.
 2-9                 (4)  "Immediate destination service" means the
2-10     provision of transportation to the member's intended destination or
2-11     residence if the member's motor vehicle is stolen or made
2-12     inoperable by an accident, theft, or a breakdown occurring less
2-13     than 50 miles from the member's residence.
2-14                 (5)  "Trip interruption service" means the provision of
2-15     food, lodging, or transportation to the member's intended
2-16     destination if the member's motor vehicle is stolen or made
2-17     inoperable by an accident, theft, or a breakdown occurring 50 or
2-18     more miles from the member's residence.
2-19           SECTION 2.  Chapter 722, Transportation Code, is amended by
2-20     adding Sections 722.0021 and 722.0022 to read as follows:
2-21           Sec. 722.0021.  INSURANCE SERVICE.  (a)  An automobile club
2-22     may provide insurance service only as provided by this section.
2-23           (b)  An automobile club may provide a member accidental
2-24     injury and death benefit insurance coverage through purchase of a
2-25     group policy of insurance issued to the automobile club for the
2-26     benefit of its members.  The coverage must be purchased from an
2-27     insurance company authorized to sell that type of coverage in this
 3-1     state.  The automobile club shall provide each member covered by
 3-2     the insurance a certificate of participation.  The certificate of
 3-3     participation must state on its face in at least 14-point black
 3-4     boldface type that the certificate is only a certificate of
 3-5     participation in a group accidental injury and death policy and is
 3-6     not motor vehicle liability insurance coverage.
 3-7           (c)  An automobile club may endorse insurance products and
 3-8     refer members to agents or insurers authorized to provide the
 3-9     insurance products in this state.  The automobile club  or an agent
3-10     of the automobile club may not receive remuneration for the
3-11     referral.
3-12           (d)  Except as provided by Subsection (e), an automobile club
3-13     performing services permitted by this chapter is not engaged in the
3-14     insurance business and is not subject to regulation under the
3-15     insurance laws of this state because of the performance of those
3-16     services.
3-17           (e)  An automobile club may sell insurance products to a
3-18     member for a consideration separate from the amount that the member
3-19     pays for membership in the automobile club if the automobile club
3-20     is properly licensed as an agent under the applicable provisions of
3-21     the Insurance Code.
3-22           Sec. 722.0022.  REIMBURSEMENT SERVICE.  An automobile club
3-23     may reimburse expenditures by a member only for:
3-24                 (1)  bail bonds and legal fees in defense of a traffic
3-25     offense;
3-26                 (2)  towing;
3-27                 (3)  emergency road service not to exceed $250 for each
 4-1     occurrence;
 4-2                 (4)  lockout or lost key service;
 4-3                 (5)  immediate destination service not to exceed $50
 4-4     for each occurrence; and
 4-5                 (6)  trip interruption service not to exceed $1,500 for
 4-6     each occurrence.
 4-7           SECTION 3.  Section 722.005(a), Transportation Code, is
 4-8     amended to read as follows:
 4-9           (a)  An applicant for an automobile club certificate of
4-10     authority may provide the security required for that certificate by
4-11     depositing with the state or pledging in the form prescribed by the
4-12     secretary of state:
4-13                 (1)  $50,000 [$25,000] in securities approved by the
4-14     secretary;
4-15                 (2)  $50,000 [$25,000] in cash; or
4-16                 (3)  a $50,000 [$25,000] bond in the form prescribed by
4-17     the secretary that is:
4-18                       (A)  payable to the state;
4-19                       (B)  executed by a corporate surety licensed to
4-20     do business in this state; and
4-21                       (C)  conditioned on the faithful performance of
4-22     the automobile club in selling or providing club services and the
4-23     payment of any fines or penalties levied against the club for
4-24     failure to comply with this chapter.
4-25           SECTION 4.  Section 722.008(a), Transportation Code, is
4-26     amended to read as follows:
4-27           (a)  After a public hearing, the secretary of state shall
 5-1     revoke or suspend an automobile club's certificate of authority if
 5-2     the secretary determines, for good cause shown, that:
 5-3                 (1)  the club:
 5-4                       (A)  has violated this chapter;
 5-5                       (B)  is not acting as an automobile club;
 5-6                       (C)  is insolvent or has assets valued at less
 5-7     than its liabilities;
 5-8                       (D)  has refused to submit to an examination by
 5-9     the secretary;  [or]
5-10                       (E)  is transacting business in a fraudulent
5-11     manner;
5-12                       (F)  has engaged in a false, misleading, or
5-13     deceptive act or practice declared unlawful by Subchapter E,
5-14     Chapter 17, Business & Commerce Code;
5-15                       (G)  has failed to issue a service contract or
5-16     membership card as required by this chapter;
5-17                       (H)  has represented a service contract or
5-18     membership card as automobile liability or collision insurance; or
5-19                       (I)  has knowingly permitted an amount paid by a
5-20     member under a service contract to be included under the amount
5-21     financed in a premium finance agreement, as defined by Article
5-22     24.01, Insurance Code; or
5-23                 (2)  an owner, officer, or manager of the club is not
5-24     of good moral character.
5-25           SECTION 5.  Section 722.009, Transportation Code, is amended
5-26     by amending Subsection (a)  and adding Subsection (c) to read as
5-27     follows:
 6-1           (a)  Each automobile club operating under this chapter shall
 6-2     furnish to each member [the membership] a service contract or
 6-3     membership card and a list of services and benefits to which the
 6-4     member is entitled.  The contract, card, or list must include [that
 6-5     includes] the following information:
 6-6                 (1)  the club's name;
 6-7                 (2)  the street address of the club's home office and
 6-8     of its usual place of business in this state; [and]
 6-9                 (3)  a description of the services or benefits to which
6-10     the members are entitled and a description of the geographic area
6-11     in which the services or benefits are available;
6-12                 (4)  a toll-free telephone number that is answered 24
6-13     hours a day, if the automobile club provides towing or emergency
6-14     road service or requires prior approval for reimbursement service;
6-15     and
6-16                 (5)  a statement, in at least 14-point boldface type,
6-17     that contains in substance the following:  "This automobile club
6-18     service contract, membership card, and list of services and
6-19     benefits are not automobile liability or collision insurance."
6-20           (c)  The service contract, membership card, and list of
6-21     services and benefits must be furnished to the member:
6-22                 (1)  at the time the member agrees to become a member,
6-23     if the member was solicited in person to become a member; or
6-24                 (2)  not later than the 30th day after the date the
6-25     member agrees to become a member, if the member was not solicited
6-26     in person to become a member.
6-27           SECTION 6.  Section 722.012, Transportation Code, is amended
 7-1     to read as follows:
 7-2           Sec. 722.012.  ADVERTISING RESTRICTIONS.  An automobile club
 7-3     operating under this chapter may not:
 7-4                 (1)  refer to its certificate of authority or to
 7-5     approval by the secretary of state in any advertising, contract, or
 7-6     membership card; or
 7-7                 (2)  advertise or describe its service contract
 7-8     [services] in a manner that would lead the public to believe that
 7-9     the service contract includes [services include] automobile
7-10     liability or collision insurance.
7-11           SECTION 7.  Section 722.013, Transportation Code, is
7-12     repealed.
7-13           SECTION 8.  An automobile club that has a certificate of
7-14     authority on September 1, 1999, shall meet the increased security
7-15     requirements of Section 722.005, Transportation Code, as amended by
7-16     this Act, on and after that date.
7-17           SECTION 9.  This Act takes effect September 1, 1999.
7-18           SECTION 10.  The importance of this legislation and the
7-19     crowded condition of the calendars in both houses create an
7-20     emergency and an imperative public necessity that the
7-21     constitutional rule requiring bills to be read on three several
7-22     days in each house be suspended, and this rule is hereby suspended.