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.
Sponsorship: Partisan Bill (Democrat 1)
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 | |
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| 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; [ |
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| (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 | ||
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| 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. | ||
