C.S.H.B. 1380 78(R)    BILL ANALYSIS


C.S.H.B. 1380
By: Thompson
Financial Institutions
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Under current law, consumers may purchase credit insurance and other
products from regulated loan licensees at the time they apply for a small
loan. Credit insurance is purchased to insure the amount of the loan in
the event of an unexpected occurrence.  Consumers have the option of
purchasing various types of noncredit insurance such as term life,
disability, accident and health, or loss of income coverage.  Other
products such as a home security plan, an automobile club membership, or a
service contract may also be purchased.  Current law allows borrowers to
finance the premiums for credit insurance, but financing for noncredit
insurance or other products is not permitted.  Many customers who obtain
small loans have little or no insurance coverage. In order to obtain
noncredit insurance, consumers must either pay cash or finance these
premiums using higher-interest credit cards. 

C.S.H.B.1380 would permit customers of regulated lenders to finance the
charges for certain types of noncredit insurance and other products
offered in connection with consumer loans.   

RULEMAKING AUTHORITY
  
It is the committee's opinion that rulemaking authority is expressly
granted to the Office of Consumer Credit Commissioner in SECTION 1
(Section 342.4021, Finance Code) of this bill. 

ANALYSIS

C.S.H.B. 1380 adds new Section 342.4021 to the Finance Code to permit
authorized lenders to sell noncredit insurance and other products and
permit borrowers to finance the costs of these products in a consumer loan
contract. 

Lenders may offer and include in the loan contract the costs of one or
more of the following products:  life insurance, disability income
insurance, accident insurance, loss of income insurance, mechanical
breakdown insurance, home security plans and club memberships, automobile
security plans,  automobile club memberships, and service contracts.  Any
insurance offered by a lender must comply with all applicable state
insurance laws.  The bill permits the lender to deduct the premiums or
other identifiable charges for the products from the proceeds of the loan. 

The lender shall provide the borrower with the option of purchasing the
products separately from the loan.   The lender shall not require purchase
of any of the products as a condition of the loan.  The lender must obtain
the borrower's written acknowledgment of the borrower's intention to
purchase the products.  The lender must provide the borrower with a
separate disclosure outlining the borrower's right to cancel the purchase.
This notice must specify that the product is not credit insurance and the
borrower will pay finance charges on the cost of the product if the
borrower chooses to finance the cost of the product along with the loan.
This notice must also include a detachable section that can be mailed to
the applicable insurance company or product vendor allowing the borrower
to cancel the purchase and receive a full refund.  This notice shall also
be available in Spanish.  The consumer credit commissioner shall adopt a
rule to provide for the Spanish language version of the notice and
establish a form for the disclosure that conforms to existing requirements
for plain language and readability. 

Borrowers are entitled to cancel their purchase of the products, and
receive a full refund, within 31 days of receiving the required notice,
except the process for refunding a service contract is governed by Chapter
1304, Occupations Code (Under current law, a service contract may be
returned within  the 20th day if it has been mailed or the 10th day if
accompanying the delivery of an item covered by the service contract.).  

EFFECTIVE DATE

September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute deletes language from the original permitting the products
to be offered in connection with secondary mortgage loans.  The substitute
adds a provision to prohibit a lender from requiring purchase of the
products as a condition for approval of the loan.  The substitute deletes
language permitting the consumer credit commissioner to authorize the sale
of additional products in connection with a consumer loan.  The substitute
adds the provision requiring the consumer credit commissioner to establish
a disclosure form consistent with existing plain language and readability
requirements.