80R5373 PB-F
 
  By: Taylor H.B. No. 1246
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to certain refund requirements regarding credit
insurance.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 1153.202, Insurance Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
       (a)  Each individual policy or group policy and group
certificate must include a written notice stating [shall provide]
that:
             (1)  if the underlying debt or the insurance terminates
before the scheduled maturity date of the debt, including the
termination of a debt by renewing or refinancing the debt, the
debtor may be entitled to a refund of unearned premium; and
             (2)  it is the obligation of the debtor to notify the
insurer of any early payment in full of the debt covered by the
insurance.
       (a-1)  To be entitled to a refund of unearned premium, the
debtor must notify the insurer of any early payment in full of the
debt covered by the insurance not later than the 60th day after the
effective date of the payment. The refund of any amount of unearned
premium paid by or charged to the debtor for insurance shall be paid
or credited promptly to the person entitled to the refund on receipt
of the notice.
       SECTION 2.  This Act applies only to a credit life or credit
accident and health insurance policy evidenced by an individual
policy or group certificate of insurance that is delivered, issued
for delivery, or renewed on or after January 1, 2008. A policy or
certificate delivered, issued for delivery, or renewed before
January 1, 2008, 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, 2007.