By: Eltife  S.B. No. 881
         (In the Senate - Filed February 17, 2009; March 9, 2009,
  read first time and referred to Committee on Business and Commerce;
  April 14, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 14, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 881 By:  Eltife
 
 
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.
 
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