SRC-AMY S.B. 1429 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1429
By: Averitt
Business & Commerce
4/5/2003
As Filed


DIGEST AND PURPOSE 

Currently, nationally chartered banks offer debt cancellation and
suspension contracts, which are considered a part of the loan itself, not
insurance. These contracts allow a lender to either cancel the debt in the
event of a death, or suspend payments in the event of a health problem,
disability, or certain other events. Federal law authorizes nationally
chartered banks to offer these services, and under parity rules, state
commercial and savings banks have similar authority. However, Texas law
does not conform with the authorization provided by preemption. 

Currently, lenders also offer gap waiver contracts and service contracts
to their auto loan customers. These loans are authorized for auto dealers
to offer directly under Section 348.208 (Charges for Other Insurance and
Forms of Protection Included in Retail Installment Contract), Finance
Code.  Direct lenders can offer these contracts to their customers, but
cannot finance them directly.  Instead, the lender makes the loan for an
increased amount and the borrower then has the option of using the
additional funds to purchase the gap waiver or a service contract. 

As proposed, S.B. 1429 authorizes debt cancellation, debt suspension, gap
waiver, and service contracts to be offered in regulated consumer loans.
This bill limits gap waiver and service contracts to consumer loans that
are not secured by vehicles.  S.B. 1429 also prohibits a lender from
requiring the purchase of these products and requires the lender to
provide a disclosure based on consumer protection law explaining that
fact.  This bill also provides that income on these products is not
considered interest on the loan. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the State Finance Commission
in SECTION 1 (Section 342.4021, Finance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 342I, Finance Code, by adding Section 342.4021,
as follows: 

Sec. 342.4021.  DEBT CANCELLATION AND DEBT SUSPENSION AGREEMENTS, GAP
WAIVER AGREEMENTS, SERVICE CONTRACTS.  (a)  Authorizes a lender to offer
to the borrower certain agreements at the time the loan is made, on a loan
made under this chapter that is subject to Section 342.201(d) (Maximum
Interest Charge), Finance Code. 

(b) Prohibits a lender from requiring a borrower to accept or provide an
agreement or contract under Subsection (a). 

(c) Requires the lender, prior to offering the products authorized in this
section, to provide a disclosure comparable to that provided in Section
305 of the GrammLeach-Bliley Act, informing the borrower that purchase of
the product is not required in order to obtain the credit.  Requires the
disclosure to inform the borrower, as applicable, that the product is not
a deposit or other obligation of, or guaranteed by, the insured depository
institution and the product is not insured by the Federal Deposit
Insurance Corporation or any other agency of the United States, the
depository financial institution, or an affiliate of the institution. 
 
(d) Requires the Finance Commission to issue rules implementing paragraph
[sic] (c). 

SECTION 2.  Amends Section 342.411, Finance Code, as follows:

Section. 342.411.  INSURANCE OR OTHER PRODUCT GAIN NOT INTEREST.  Includes
other products with insurance as a source of gain or advances.  Makes a
conforming change. 

SECTION 3.  Effective date: upon passage or September 1, 2003.