Bill Text: TX HB3448 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to single premium term life insurance offered in connection with certain consumer loans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3448 Detail]

Download: Texas-2017-HB3448-Introduced.html
 
 
  By: Longoria H.B. No. 3448
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to single premium term life insurance offered in
  connection with certain consumer loans.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter I, Chapter 342, Finance Code, is
  amended by adding Section 342.4022 to read as follows:
         Sec. 342.4022.  SINGLE PREMIUM TERM LIFE INSURANCE.  (a) On
  a loan made under this chapter that is subject to Subchapter E, a
  lender:
               (1)  may, through a properly licensed insurance agent,
  offer a borrower single premium term life insurance;
               (2)  may not require the borrower to accept the
  insurance described by Subdivision (1);
               (3)  shall provide the borrower with the option to pay
  the insurance premium from the borrower's own funds or to pay the
  premium with a portion of the loan proceeds; and
               (4)  before completing the transaction, shall provide
  to and review with the borrower a disclosure that specifies:
                     (A)  the total dollar amount of the term life
  insurance premium, and a comparison between:
                           (i)  the amount of the payment due on the
  loan with the additional purchase of the term life insurance
  policy; and
                           (ii)  the amount of the payment due on the
  loan without the additional purchase of the term life insurance
  policy; and
                     (B)  if there is any shared interest or ownership,
  including any common third-party ownership, between the insurance
  company and the lender, then the lender must disclose the fact of
  the shared interest or ownership.
         (b)  The finance commission by rule shall prescribe the form
  and the content of the disclosures required by Subsection (a)(4).
         SECTION 2.  Section 342.407, Finance Code, is amended to
  read as follows:
         Sec. 342.407.  REQUIREMENTS FOR INCLUDING INSURANCE CHARGE
  IN CONTRACT. Insurance for which a charge is included in a loan
  contract must be written:
               (1)  at lawful rates;
               (2)  in accordance with the Insurance Code; [and]
               (3)  by a company authorized to do business in this
  state; and
               (4)  through an insurance agent licensed in accordance
  with the Insurance Code, if the included charge is offered under
  Section 342.4022 of this code.
         SECTION 3.  Section 342.412, Finance Code, is amended to
  read as follows:
         Sec. 342.412.  ACTION UNDER SUBCHAPTER NOT SALE OF
 
  INSURANCE. Except for the sale of a single premium term life
  insurance policy to a borrower under Section 342.4022, arranging
  [Arranging] for insurance or collecting an identifiable charge as
  authorized by this subchapter is not a sale of insurance.
         SECTION 4.  Section 342.4022, Finance Code, as added by this
  Act, applies only to an insurance policy that is delivered, issued
  for delivery, or renewed on or after January 1, 2018. A policy
  delivered, issued for delivery, or renewed before January 1, 2018,
  is governed by the law as it existed immediately before the
  effective date of this Act, and the former law is continued in
  effect for that purpose.
         SECTION 5.  This Act takes effect January 1, 2018.
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