By: Thompson H.B. No. 1525
A BILL TO BE ENTITLED
AN ACT
relating to certain small face amount life insurance policies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1101, Insurance Code, as effective June
1, 2003, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. DISCLOSURE REQUIREMENTS FOR SMALL FACE AMOUNT LIFE
INSURANCE POLICIES
Sec. 1101.201. DEFINITION. In this subchapter, "small face
amount policy" means a life insurance policy with an initial face
amount of $15,000 or less.
Sec. 1101.202. APPLICABILITY; EXEMPTIONS. (a) This
subchapter applies to each insurer authorized to write life
insurance under Chapter 841, 882, 884, or 982. This subchapter does
not apply to an insurer operating under Chapter 881, 885, 886, 887,
or 888 or an insurer exempt under Section 887.102.
(b) Except as provided by Subsection (c), this subchapter
applies to any individual or group life insurance policy issued in
this state, including an industrial insurance policy offered under
Chapter 1151.
(c) This subchapter does not apply to:
(1) variable life insurance;
(2) individual and group annuity contracts;
(3) credit life insurance;
(4) an individual or group life insurance policy
issued to members of an employer group or other authorized group in
which:
(A) each plan of coverage is selected by the
employer or other group representative;
(B) some portion of the premium is paid by the
group or through payroll deduction; and
(C) group underwriting or simplified
underwriting is applied; or
(5) a policy or certificate for which an illustration
is provided under the requirements adopted under 28 T.A.C. Section
21.2201 et seq.
Sec. 1101.203. DISCLOSURE REQUIREMENTS. (a) An insurer
subject to this subchapter shall provide disclosure if at any point
in time over the term of the policy the cumulative premiums paid may
exceed the face amount of the policy at that point in time. The
required disclosure shall be provided to the policy owner or
certificate holder no later than at the time the policy or
certificate is delivered. The disclosure shall not be attached to
the policy, but may be delivered with the policy.
(b) If, for a particular policy form, the cumulative
premiums may exceed the face amount of the policy for some
demographic or benefit combination but not for all combinations,
the insurer may elect to provide the disclosure:
(1) only in those circumstances in which the premiums
may exceed the face amount of the policy; or
(2) for all demographic and benefit combinations.
Sec. 1101.204. INSURER DUTIES. An insurer, including the
agent of the insurer, that issues a small face amount policy shall
provide information to policyholders on request regarding the
disclosure required by Section 1101.203.
Sec. 1101.205. RULES. The commissioner may adopt, by rule,
minimum requirements for the disclosure statement required under
Section 1101.203. In adopting rules under this section, the
commissioner may consider any model regulations proposed by the
National Association of Insurance Commissioners.
SECTION 2. This Act takes effect September 1, 2003, and
applies only to an insurance policy that is delivered on or after
that date. A policy that is delivered before September 1, 2003, 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.