78R751 DLF-D
By:  Martinez Fischer                                             H.B. No. 421
A BILL TO BE ENTITLED
AN ACT
relating to certain credit insurance policies.                                
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subchapter E, Chapter 21, Insurance Code, is 
amended by adding Article 21.79A to read as follows:
	Art. 21.79A.  CREDIT INSURANCE MARKETED IN CONNECTION WITH 
CREDIT CARDS
	Sec. 1.  DEFINITIONS. In this article:                                  
		(1)  "Credit card" means an identification card or any 
other similar item authorizing a designated person to obtain 
property or services on credit.
		(2)  "Credit insurance" includes:                                      
			(A)  credit life insurance;                                           
			(B)  credit accident and health or disability 
insurance; and        
			(C)  credit involuntary unemployment insurance.                       
		(3)  "Insurer" means any insurer authorized to issue 
credit insurance in this state.  The term includes a Lloyd's plan, a 
reciprocal or interinsurance exchange, a county mutual insurer, or 
a farm mutual insurer.
	Sec. 2.  APPLICABILITY. (a)  This article applies only to a 
policy or group certificate of credit insurance that is marketed to 
a resident of this state in connection with:
		(1)  an application for a credit card;                                 
		(2)  billing statements for a credit card; or                          
		(3)  any other communication directed to the resident 
as a holder of or applicant for a credit card.
	(b)  This article applies only to:                                      
		(1)  an insurer who issues a policy described by 
Subsection (a) of this section; and
		(2)  a credit card issuer who offers or makes available 
the credit insurance described by Subsection (a) of this section.
	Sec. 3.  REQUIRED RECORDS. (a)  The insurer and credit card 
issuer shall maintain complete records of the documents that the 
insurer or issuer obtains in connection with a policy or group 
certificate of credit insurance described by Section 2(a) of this 
article, including a copy of:
		(1)  the application for insurance;                                    
		(2)  the policy or group certificate issued; and                       
		(3)  any claims information.                                           
	(b)  The records shall be maintained at least until the first 
anniversary of the date on which the coverage terminates.
	(c)  An insured may inspect records maintained under this 
section for the policy or group certificate issued to the insured.  
On the request of an insured, the insurer or credit card issuer 
shall provide the records to the insured. If the records do not 
include a copy of the certificate or policy issued to the insured, 
the insured may inspect the master policy form under which the 
insured is covered and is entitled, on request, to receive a copy of 
the master policy form.  The person providing copies under this 
section may charge a fee for providing the copies. The fee may not 
exceed the cost of providing the copies.
	(d)  The insurer is responsible for ensuring compliance with 
this section.
	Sec. 4.  VIOLATION; REFUND OF PREMIUM REQUIRED; INTEREST. 
(a)  If a copy of the application for a policy or certificate for an 
insured is not maintained as required by Section 3(a) of this 
article, the credit card issuer may not charge and the insurer may 
not collect or accept any premium or other charge with respect to 
the policy or certificate.
	(b)  If, on request of the insured to inspect or obtain 
copies of records under Section 3 of this article, the records do 
not include a copy of the  application, the insurer or credit card 
issuer shall refund to the insured any premium or other charge 
collected in relation to the policy, plus interest computed at the 
rate of 18 percent a year compounded annually.  The insurer and the 
credit card issuer are jointly and severally liable to the insured 
for any amount owed under this subsection.
	Sec. 5.  OTHER DUTIES OF INSURER NOT AFFECTED. This article 
does not affect the insurer's obligation to:
		(1)  issue an original policy or certificate to an 
insured; or       
		(2)  pay a claim under the policy or certificate, if the 
insured has not requested a refund under Section 4 of this article.
	Sec. 6.  RULES. The commissioner may adopt rules as 
necessary to implement this article.
	SECTION 2.   Article 21.79A, Insurance Code, as added by this 
Act, applies only to a policy or group certificate of credit 
insurance issued on or after the effective date of this Act. A 
policy or group certificate of credit insurance issued before the 
effective date of this Act is governed by the law as it existed 
immediately before the effective date of this Act, and that law is 
continued in effect for that purpose.
	SECTION 3.   This Act takes effect September 1, 2003.