| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to a specialty insurance agent license for certain vendors |
|
|
of portable electronic devices. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter F, Chapter 4055, Insurance Code, is |
|
|
amended to read as follows: |
|
|
SUBCHAPTER F. PORTABLE ELECTRONIC [TELECOMMUNICATIONS EQUIPMENT] |
|
|
VENDOR LICENSE |
|
|
Sec. 4055.251. DEFINITIONS. In this subchapter: |
|
|
(1) "Customer" means a person who purchases a portable |
|
|
electronic device or a related service [telecommunications
|
|
|
equipment in a retail sales transaction]. |
|
|
(2) "Portable electronic devices" means personal, |
|
|
self-contained, easily carried by an individual, battery-operated |
|
|
electronic communication, viewing, listening, recording, gaming, |
|
|
computing, or global positioning devices, including cell or |
|
|
satellite phones ["Telecommunications equipment" includes
|
|
|
handsets], pagers, personal global positioning satellite units, |
|
|
portable computers, portable audio listening, video viewing, or |
|
|
recording devices, digital cameras, video camcorders, portable |
|
|
gaming systems, docking stations, automatic answering devices, |
|
|
[batteries,] and other similar devices and their accessories [used
|
|
|
to originate or receive wireless communications exclusive of
|
|
|
cordless, wireline communications]. |
|
|
(3) "Vendor" means a person or entity engaged in the |
|
|
business of leasing, selling, or providing portable electronic |
|
|
devices or related services to customers. |
|
|
Sec. 4055.252. ISSUANCE OF LICENSE; LICENSE FEE. |
|
|
(a) Notwithstanding any other provision of this chapter or this |
|
|
code, the commissioner may issue a specialty license to a [retail] |
|
|
vendor [of telecommunications equipment] who complies with this |
|
|
subchapter. The specialty license may be issued only for the |
|
|
limited purposes specified by this subchapter. |
|
|
(b) A specialty license issued to a vendor under this |
|
|
subchapter authorizes the vendor and any employee or authorized |
|
|
representative of the vendor to offer the type of coverage |
|
|
specified in this subchapter at each location at which the vendor |
|
|
engages in business. |
|
|
(c) The commissioner shall impose an annual license fee for |
|
|
a specialty license issued under this subchapter. The commissioner |
|
|
shall set the license fee in an amount reasonable and necessary to |
|
|
cover the costs of administering this subchapter, not to exceed |
|
|
$5,000. |
|
|
Sec. 4055.253. AUTHORITY OF [RETAIL] VENDOR OF PORTABLE |
|
|
ELECTRONIC DEVICES [TELECOMMUNICATIONS EQUIPMENT]. A [retail] |
|
|
vendor [of telecommunications equipment] licensed under this |
|
|
subchapter and the vendor's employee and authorized representative |
|
|
[chapter] may act as an agent for an authorized insurer [only:
|
|
|
[(1)] in connection with the sale and use of portable |
|
|
electronic devices and related services only [telecommunications
|
|
|
equipment; and
|
|
|
[(2)] with respect to: |
|
|
(1) [(A)] insurance coverage provided to customers |
|
|
that covers portable electronic devices against one or more of the |
|
|
following: |
|
|
(A) loss; |
|
|
(B) theft; |
|
|
(C) mechanical failure; |
|
|
(D) malfunction; |
|
|
(E) damage; or |
|
|
(F) other applicable perils [for the loss or
|
|
|
malfunction of or damage to telecommunications equipment]; or |
|
|
(2) the provision of [(B)] any other coverage the |
|
|
commissioner approves as meaningful and appropriate in connection |
|
|
with the use of portable electronic devices or related services |
|
|
[telecommunications equipment]. |
|
|
Sec. 4055.254. INSURANCE POLICY; REQUIREMENTS. |
|
|
(a) Insurance provided under this subchapter may be issued to a |
|
|
licensed vendor under a master or group policy of personal or |
|
|
commercial inland marine insurance. A customer may be designated |
|
|
as an additional insured or certificate holder under the policy. |
|
|
(b) A licensed vendor shall provide to each customer |
|
|
designated as an additional insured or certificate holder a |
|
|
coverage form, certificate, or other evidence of coverage in a |
|
|
brochure or separate document. |
|
|
Sec. 4055.255. REQUIRED TRAINING. (a) Notwithstanding |
|
|
Section 4055.012, an agent who holds a license issued under Chapter |
|
|
4051 or a substantially equivalent license issued under this code |
|
|
and who is appointed by the insurer that insures a vendor may: |
|
|
(1) provide the materials for the training program |
|
|
required under Section 4055.012; and |
|
|
(2) conduct the applicable training. |
|
|
(b) An agent described by Subsection (a) shall submit the |
|
|
training program materials for approval as required under Section |
|
|
4055.012(c). |
|
|
SECTION 2. The commissioner of insurance shall, by rule, |
|
|
establish a procedure under which a person holding a license as a |
|
|
telecommunications equipment vendor specialty agent that was |
|
|
issued under Subchapter F, Chapter 4055, Insurance Code, as it |
|
|
existed before amendment by this Act, may convert that license to a |
|
|
portable electronic device vendor specialty agent license under |
|
|
Subchapter F, Chapter 4055, Insurance Code, as amended by this Act, |
|
|
without further qualification. The rules may establish a |
|
|
reasonable period for the agent to comply with Section 4055.254, |
|
|
Insurance Code, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2009. |
|
|
|
|
|
* * * * * |