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.