By:  Harris                                           S.B. No. 1568
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the licensing of national and state banks to underwrite
 1-3     certain credit insurance products as principal:
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter F, Chapter 21, Texas Insurance Code is
 1-6     amended by adding article 21.82 to read as follows:
 1-7           Art. 21.82  CERTIFICATES OF AUTHORITY FOR NATIONAL AND STATE
 1-8     BANKS
 1-9           Sec. 1.  DEFINITIONS.  In this article:
1-10                 (1)  "Bank" means a national banking association
1-11     organized and existing under the National Bank Acts (12 U.S.C.
1-12     Section 21 et seg.), a state bank organized and existing under the
1-13     Texas Banking Act (Article 342- 1.001 et seg., Vernon's Texas Civil
1-14     Statutes), a state savings bank organized and existing under the
1-15     Texas Savings Bank Act (Article 489e, Vernon's Texas Civil
1-16     Statutes).
1-17                 (2)  "Authorized Product" means either a debt
1-18     cancellation agreement or debt suspension agreement as defined
1-19     herein but does not include any other insurance products that a
1-20     bank may underwrite as principal as authorized by Section 302 of
1-21     the Financial Services Modernization Act of 1999 (Pub.L. 106-102).
1-22                 (3)  "Debt Cancellation Agreement" means a contract
1-23     between a bank and its borrower wherein the bank for a separately
 2-1     stated consideration agrees to waive all or part of the debt upon
 2-2     the happening of a fortuitous event, such as death, disability or
 2-3     the destruction of the bank's collateral.
 2-4                 (4)  "Debt Suspension Agreement" means a contract
 2-5     between a bank and its borrower wherein the bank for a separately
 2-6     stated consideration agrees to suspend scheduled installment
 2-7     payments for an agreed period of time upon the happening of a
 2-8     fortuitous event, such as involuntary unemployment or accident or
 2-9     upon occurrence of a fortuitous condition such as sickness.
2-10           Sec. 2.  CERTIFICATE OF AUTHORITY TO UNDERWRITE DEBT
2-11     CANCELLATION AND DEBT SUSPENSION AGREEMENT.  (a)  A bank, without
2-12     first obtaining a Certificate of Authority from the Commissioner as
2-13     provided in sub section (b), may not sell either as principal or
2-14     agent a debt cancellation agreement or a debt suspension agreement
2-15     nor contract for, charge, or receive any amount in connection with
2-16     the offering or sale of such agreements.
2-17           (b)  A bank is entitled to receive a certificate of authority
2-18     on notification to the Commissioner of its intention to operate
2-19     under this subchapter.  Upon receipt of notice, the Commissioner
2-20     shall immediately issue a certificate of authority.
2-21           (c)  The holder of a Certificate of Authority is subject to
2-22     disciplinary action as provided by Chapter 81, Texas Insurance Code
2-23     for violations exclusively relating to conduct in the underwriting,
2-24     pricing, marketing and claims handling of authorized products.
2-25           (d)  The holder of a Certificate of Authority is not subject
2-26     to any visitorial power granted to the Department by the Texas
 3-1     Insurance Code, save and except, that a holder is required to
 3-2     submit information and other data that relate exclusively to the
 3-3     setting of rates, payment of claims and marketing of authorized
 3-4     products.
 3-5           Sec. 3  Debt Cancellation and Debt Suspension Agreements to
 3-6     Be Regulated as Insurance  (a)  Debt Cancellation and Debt
 3-7     Suspension Agreements shall be regulated with respect to rates,
 3-8     forms, and claims according to their functional insurance
 3-9     equivalent.  By way of example only and without limitation, debt
3-10     cancellation agreements that provide for the cancellation of
3-11     indebtedness upon death shall be regulated as credit life
3-12     insurance.
3-13           (b)  The Commissioner, by rule, shall classify debt
3-14     cancellation and debt suspension agreements according to their
3-15     functional insurance equivalent and identify those articles or
3-16     sections of the Texas Insurance Code which shall apply.  Provided
3-17     however, this rule making authority is restricted exclusively to
3-18     underwriting, pricing, marketing and claims handling and in no
3-19     event shall a certificate holder be subject to any provision of the
3-20     Texas Insurance Code relating to financial solvency or reserves
3-21     related to the underwriting of these authorized products.
3-22           SECTION 2.  This Act takes effect September 1, 2001.