INSURANCE CODE
SUBTITLE E. PREMIUM FINANCING
CHAPTER 651. FINANCING OF INSURANCE PREMIUMS
SUBCHAPTER A. GENERAL PROVISIONS
§ 651.001. DEFINITIONS. In this chapter:
(1) "Annual percentage rate" means the annual
percentage rate of finance charge determined under the Consumer
Credit Protection Act and Regulation Z.
(2) "Consumer Credit Protection Act" means the
Consumer Credit Protection Act of 1970 (15 U.S.C. Section 1601 et
seq.; 18 U.S.C. Section 891 et seq.).
(2-a) "Insurance agent" means a person licensed under
Subchapter E, Chapter 981 or Chapter 4051, 4052, 4053, 4054, 4055,
4056, or 4153.
(3) "Insurance premium finance company" means:
(A) a person engaged in the business of making
loans under this chapter by entering into premium finance
agreements with insureds or prospective insureds;
(B) a person engaged in the business of acquiring
premium finance agreements from insurance agents or brokers or from
other insurance premium finance companies; or
(C) an insurance agent or broker making loans
under this chapter who holds premium finance agreements made and
delivered by insureds that are payable to the agent or broker or to
the agent's or broker's order.
(4) "Insured" means a person who enters into a premium
finance agreement with an insurance premium finance company.
(5) "Insurer" means an entity organized or authorized
to engage in the business of insurance under this code as a capital
stock insurance company, title insurance company, reciprocal or
interinsurance exchange, Lloyd's plan, fraternal benefit society,
mutual or mutual assessment company of any kind, statewide mutual
assessment company, local mutual aid association, burial
association, county or farm mutual insurance company, fidelity,
guaranty, or surety company, or trust company.
(6) "License holder" means an insurance premium
finance company that holds a license issued under Subchapter B.
(7) "Person" means an individual, partnership,
corporation, joint venture, trust, association, or other legal
entity, regardless of organization.
(8) "Premium finance agreement" means an agreement by
which an insured or prospective insured promises to pay to an
insurance premium finance company the amount advanced or to be
advanced under the agreement to an insurer or to an insurance agent
in payment of the premiums on an insurance contract.
(8-a) "Premium finance agreement servicer" means a
person who provides a premium finance company with collection,
billing, or other services related to the administration of premium
finance agreements.
(9) "Regulation Z" means the federal regulations
adopted under the Consumer Credit Protection Act as 12 C.F.R.
Section 226.1 et seq.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
Amended by Acts 2005, 79th Leg., ch. 757, § 1, eff. June 17,
2005.
§ 651.002. CERTAIN CONDUCT NOT ENGAGING IN BUSINESS AS
INSURANCE PREMIUM FINANCE COMPANY. (a) The preparation or
delivery by an insurance agent of a premium finance agreement or
disclosure statement required by Section 651.155 on behalf of the
insured does not constitute engaging in business as an insurance
premium finance company.
(b) Subsection (a) does not apply to a premium finance
agreement held for the benefit of the insurance agent as provided by
Section 651.001(3)(C).
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.003. RULES. (a) The commissioner may adopt and
enforce rules necessary to administer this chapter.
(b) The rules may contain classifications,
differentiations, or other provisions and provide for adjustments
or exceptions for any class of transactions necessary to:
(1) accomplish the purposes of this chapter;
(2) prevent circumvention or evasion of this chapter;
or
(3) facilitate compliance with this chapter.
(c) A rule adopted by the commissioner may not contain any
classification, differentiation, or other provision with respect
to any class of transactions or provide for any adjustment or
exception for any class of transactions that would result in a less
stringent disclosure requirement than required for that class of
transactions by the Consumer Credit Protection Act or Regulation Z.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.004. EMPLOYMENT OF EXAMINERS AND INVESTIGATORS;
PAYMENT OF EXPENSES. The department may:
(1) employ persons as necessary to examine or
investigate and make reports on alleged violations of this chapter
and compliance with any other provision of this code by a license
holder;
(2) pay the salaries and expenses of persons described
by Subdivision (1) and of all office employees; and
(3) pay an expense necessary to enforce this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.005. DEPOSIT AND USE OF FEES. Each fee collected
under this chapter:
(1) shall be deposited to the credit of the Texas
Department of Insurance operating account; and
(2) may be used by the department to enforce this
chapter.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.006. ASSESSMENTS. (a) A license holder shall pay
to the department:
(1) an amount imposed by the department to cover the
direct and indirect cost of examinations and investigations made
under this chapter; and
(2) a proportionate share of the general
administrative expense attributable to the regulation of license
holders.
(b) Each amount required by this section is in addition to
any investigation or license fee imposed under Subchapter B.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.007. APPLICABILITY OF CONSUMER CREDIT PROTECTION
ACT AND REGULATION Z. A transaction that is subject to this
chapter is also subject to:
(1) the Consumer Credit Protection Act; and
(2) the applicable provisions of Regulation Z.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.008. AUTHORITY OF GENERAL PROPERTY AND CASUALTY
AGENTS TO CHARGE INTEREST TO CERTAIN PERSONS. (a) Notwithstanding
any other law, a general property and casualty agent who holds a
license under Chapter 4051 may enter into a written agreement with a
purchaser of insurance from the agent that provides for the payment
of interest to the agent on any amount due to the agent for the
insurance purchased. The interest is computed at a rate not to
exceed the greater of:
(1) a rate allowed by Chapter 303, Finance Code; or
(2) the rate of one percent a month.
(b) A claim or defense of usury may not be raised in
connection with a written agreement under this section.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
SUBCHAPTER B. AUTHORITY TO ENGAGE IN BUSINESS
§ 651.051. LICENSE REQUIRED. (a) Unless the person is a
license holder, a person may not:
(1) negotiate, transact, or engage in the business of
insurance premium financing in this state; or
(2) contract for, charge, or receive directly or
indirectly on or in connection with an insurance premium financing
any charge, regardless of whether the charge is for interest,
compensation, consideration, expense, or otherwise, if in the
aggregate the amount of the charge exceeds the amount the person
would be permitted by law to charge if the person were not a license
holder.
(b) This subchapter does not apply to a person who purchases
or otherwise acquires a premium finance agreement from a license
holder if the license holder:
(1) retains the right to service the agreement and to
collect payments due under the agreement; and
(2) remains responsible for servicing the agreement in
compliance with this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
Amended by Acts 2005, 79th Leg., ch. 757, § 2, eff. June 17,
2005.
§ 651.052. LICENSE FEE. (a) The department shall
establish the fee for a license under this subchapter in an amount
not to exceed $200.
(b) The fee for a license issued after June 30 may not exceed
$100.
(c) Section 201.001 applies to fees collected under this
section.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.053. ENTITLEMENT OF BANKS AND SAVINGS AND LOAN
ASSOCIATIONS TO LICENSE. (a) A bank or a savings and loan
association is entitled to receive a license under this subchapter
if the bank or savings and loan association:
(1) is engaging in business under the laws of this
state or the United States; and
(2) notifies the department of its intention to
operate under this chapter.
(b) On receipt of notice under Subsection (a)(2), the
department shall immediately issue a license to the bank or savings
and loan association.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.054. APPLICATION FOR LICENSE; INVESTIGATION FEE;
EXEMPTION. (a) An application for a license to engage in the
business of insurance premium financing must:
(1) be in writing on a form prescribed by the
commissioner; and
(2) be accompanied by a nonrefundable investigation
fee in an amount not to exceed $400 as established by the
department.
(b) A person who on January 1, 1980, held a license under
Chapter 3, Title 79, Revised Statutes (Article 5069-3.01 et seq.,
Vernon's Texas Civil Statutes), is not required to pay an
investigation fee.
(c) Section 201.001 applies to fees collected under this
section.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.055. REFUSAL TO ISSUE LICENSE. The department may
refuse to issue a license to an applicant if the department
determines that:
(1) the financial responsibility, experience,
character, or general fitness of the applicant or any person
associated with the applicant does not command the confidence of
the community and does not warrant the belief that the applicant
will engage in the business of insurance premium financing
honestly, fairly, and efficiently; or
(2) the applicant does not have available for the
operation of the business net assets of at least $25,000.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.056. NOTICE OF ACTION ON APPLICATION. Not later
than the 90th day after the date the department receives an
application under Section 651.054, the department shall notify the
applicant that:
(1) the application has been approved and the
department will issue a license to the applicant on payment of the
required license fee; or
(2) the application has been denied.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.057. ISSUANCE OF LICENSE. After approval of an
application and on receipt of the required license fee, the
department shall:
(1) issue a license authorizing the license holder to
engage in business as an insurance premium finance company at the
location specified in the license holder's application; and
(2) send the license to the applicant.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.058. RECIPROCAL LICENSE. The department may waive
any license requirement for an applicant who holds a valid license
from another state that has license requirements substantially
equivalent to the requirements prescribed by this state.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.059. ISSUANCE OF MULTIPLE LICENSES. The department
may issue a person more than one license under this subchapter but
may not issue one person more than 60 of those licenses.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.060. SINGLE BUSINESS LOCATION AUTHORIZED BY
LICENSE. A license authorizes the license holder to maintain only
one location where the business of insurance premium financing may
be conducted.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.061. APPEARANCE OF LICENSE; POSTING. (a) A
license must state the name and address of the license holder.
(b) The license must be conspicuously posted at the location
where the license holder engages in the business of insurance
premium financing.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.062. TRANSFER OR ASSIGNMENT OF LICENSE
PROHIBITED. A license may not be transferred or assigned.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.063. TERM OF LICENSE. Unless a staggered renewal
system is adopted under Section 651.065, a license is issued for the
calendar year and remains valid until December 31 of that year,
unless suspended, revoked, or surrendered in accordance with
Section 651.204 or 651.206.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.064. PROCEDURE FOR LICENSE RENEWAL. (a) A license
holder may renew an unexpired license by paying the required
renewal fee to the department.
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the department:
(1) the required renewal fee; and
(2) an additional fee equal to one-half of the
original license fee.
(c) A person whose license has been expired for more than 90
days but less than two years may renew the license by paying to the
department:
(1) all unpaid renewal fees; and
(2) an additional fee equal to the original license
fee.
(d) A person whose license has been expired for two years or
more may not renew the license. The person may obtain a new license
by complying with the requirements and procedures for obtaining an
original license.
(e) Not later than the 30th day before the date a person's
license expires, the department shall send written notice of the
impending license expiration to the person at the person's last
known address.
(f) This section may not be construed to prevent the
department from denying or refusing to renew a license under an
applicable law or a rule adopted by the commissioner.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.065. STAGGERED RENEWAL SYSTEM. (a) The
commissioner by rule may adopt a system under which licenses expire
on various dates during the year.
(b) For a year in which the license expiration date is less
than one year from the date of license issuance or the anniversary
of that date, the license fee shall be prorated so that each license
holder pays only that portion of the license fee allocable to the
number of months during which the license is valid. On each
subsequent renewal of the license, a license holder must pay the
total renewal fee.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
SUBCHAPTER C. REGULATION OF INSURANCE PREMIUM FINANCE COMPANIES AND
OTHERS
§ 651.101. BOOKS, ACCOUNTS, AND RECORDS. (a) A license
holder shall maintain books, accounts, and records in sufficient
detail to enable a representative of the department to determine
whether the license holder is in compliance with this chapter and
rules adopted by the commissioner.
(b) A license holder shall maintain for inspection the
license holder's books, accounts, and records, including any cards
used in a card system, for at least four years after the date the
final entry of any premium finance agreement is recorded in those
books, accounts, and records.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.102. ANNUAL REPORT. On or before April 1 of each
year, a license holder shall file with the department a report
containing information required by the department concerning the
business and operations of the license holder during the preceding
calendar year at each licensed location where the license holder
engages in the business of insurance premium financing in this
state.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.103. BUSINESS NAME. A license holder may not
engage in the business of insurance premium financing under any
name other than the name stated on the license.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.104. BUSINESS LOCATION. A license holder may not
engage in the business of insurance premium financing at any
location other than the address stated on the license.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.105. RELOCATION OF PLACE OF BUSINESS. (a) A
license holder who proposes to relocate the place where the holder
engages in the business of insurance premium financing shall give
written notice of the proposed change to the department.
(b) If the department approves the proposed relocation, the
department shall issue an endorsement to the license holder
indicating the change and the date of the change.
(c) The endorsement authorizes the license holder to engage
in the business of insurance premium financing at the new location.
The license holder shall attach the endorsement to the license for
that location.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.106. BUSINESS PREMISES. (a) Except as provided by
Subsection (b), a license holder may engage in the business of
insurance premium financing:
(1) in any office, suite, room, or place of business in
which any other business is solicited or engaged in; or
(2) in association or in conjunction with any other
business.
(b) Subsection (a) does not apply if the department:
(1) determines, after a hearing, that the conduct by
the license holder of the other business at the location for which
the license was issued has concealed evasions of this chapter; and
(2) orders the license holder in writing to stop
engaging in the business of insurance premium financing at that
location.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.107. ENGAGING IN BUSINESS BY MAIL OR OUTSIDE THE
COMMUNITY. This chapter does not prohibit a license holder from
engaging in the business of insurance premium financing:
(1) by mail; or
(2) with persons who do not reside in the same
community as the licensed location.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.108. CERTAIN CHARGES PROHIBITED. In connection
with a premium finance agreement entered into under this chapter,
an insurance charge or any other charge or fee may not be imposed
unless the charge or fee is authorized by this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.109. LIMITATIONS ON RATES AND CHARGES. (a) An
insurance premium finance company may not take or receive from an
insured a greater rate or charge than is authorized by Chapter 342,
Finance Code.
(b) For purposes of this section, a charge begins on the
earlier of:
(1) the date from which the insurer requires payment
of the premium and payment was made to the insurer for the financed
policy; or
(2) the effective date of the policy.
(c) The finance charge is computed on the balance of the
premiums due after subtracting any down payment made by the insured
in accordance with the premium finance agreement.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.110. LIMITATIONS ON CERTAIN INDUCEMENTS OR SHARING
OF PROFITS AND FEES. (a) This section applies to:
(1) an insurance premium finance company;
(2) an insurance agent;
(3) a premium finance agreement servicer; or
(4) an affiliate, employee, agent, or other
representative of an insurance premium finance company or a premium
finance agreement servicer.
(a-1) A person, partnership, or other entity described by
Subsection (a) and involved in transactions related to the
financing of insurance premiums may not:
(1) directly or indirectly pay, allow, give, or offer
to pay, allow, or give in any manner to an insurance agent or an
employee of an insurance agent any consideration, compensation, or
inducement for soliciting, accepting an application for,
delivering, or administering premium finance agreements;
(2) pay, allow, or offer to pay or allow an insurance
agent or an employee of an insurance agent to share the profits of
any person, partnership, or other entity if any portion of the share
of profits is determined, either in whole or in part, by the amount
of premium dollars financed or premium finance agreements placed;
or
(3) pay, allow, or offer to pay or allow an insurance
agent or an employee of an insurance agent to share any portion of
fees, including late fees, that are related to the premium finance
agreement.
(b) Subsection (a-1) does not prohibit the giving or
offering of an article of merchandise to an insurance agent or an
employee of an insurance agent that has a value of $10 or less on
which there is an advertisement of the insurance premium finance
company.
(c) Subsection (a-1) does not prohibit a person,
partnership, or other entity described by Subsection (a) from
making a payment under a contractual agreement with a validly
organized and operating association of insurance agents or a
subsidiary of the association if no part of a payment received under
the agreement:
(1) is distributed to an insurance agent or an
employee of an insurance agent; or
(2) inures directly to the benefit of a member of the
association or an employee of the member.
(d) A contractual agreement under Subsection (c):
(1) must be in writing; and
(2) is not valid until commissioner approval is
received.
(e) Subsection (a-1) does not prohibit an insurance agent
from being the sole owner or sole shareholder of an insurance
premium finance company and receiving profits and fees of the
insurance premium finance company if the insurance agent discloses
in writing the agent's ownership interest in the insurance premium
finance company to all insureds placed by the agent with the
insurance premium finance company owned by the agent.
(f) Subsections (a-1) and (e) do not apply to a person,
partnership, or other entity described by Subsection (a) and
involved in transactions related to the financing of insurance
premiums for commercial lines of insurance if, with respect to
those transactions:
(1) the insurance agent discloses in writing the
source of any compensation to be received by the agent as a result
of the insured entering into a premium finance agreement;
(2) the agent provides in writing to the insured the
amount of compensation, as a percentage of the premiums financed,
if the amount of compensation received by the agent exceeds two
percent of the premium amount financed; and
(3) the amount of compensation is based only on actual
premiums financed and is not paid as:
(A) an advance on future premium finance
agreements; or
(B) a form of bonus for the agent agreeing to
place finance agreements with the premium finance company.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
Amended by Acts 2005, 79th Leg., ch. 757, § 4, eff. June 17,
2005.
§ 651.111. DECEPTIVE ADVERTISING PROHIBITED. (a) A
license holder may not advertise or cause to be advertised in any
manner any false, misleading, or deceptive statement or
representation with regard to the rates, terms, or conditions of a
premium finance agreement.
(b) If rates or charges are stated in advertising, the
license holder must express the rates or charges in terms of a
simple annual percentage rate as defined by federal law.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
SUBCHAPTER D. PREMIUM FINANCE AGREEMENTS
§ 651.151. REQUIRED FORM AND CONTENTS OF PREMIUM FINANCE
AGREEMENT. (a) A premium finance agreement must be in writing on a
form approved by the commissioner.
(b) A premium finance agreement must be dated and signed by
the insured. An agreement may be signed on behalf of the insured by
the insured's agent if:
(1) the agreement contains policies for other than
personal, family, or household purposes; and
(2) the premiums for the policies exceed $1,000.
(c) A premium finance agreement must contain:
(1) the name and business address of the insurance
agent or broker negotiating the related insurance contract;
(2) the name and residence or business address of the
insured as specified by the insured;
(3) the name and business location of the insurance
premium finance company to which payments are to be made;
(4) a description of each insurance contract involved;
(5) the amount of the premium for each insurance
contract;
(6) the total amount of the premiums for all insurance
contracts;
(7) the amount of any down payment;
(8) the principal balance, which is the difference
between the amounts under Subdivisions (6) and (7);
(9) the total amount of the finance charge, which must
describe each amount included and use the term "finance charge";
and
(10) the balance payable by the insured, which is the
sum of the amounts under Subdivisions (8) and (9).
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.152. OTHER REQUIRED CONTENTS. In addition to the
items required by Section 651.151, a premium finance agreement must
contain the following, as applicable:
(1) the finance charge expressed as an annual
percentage rate, using the term "annual percentage rate";
(2) the number of installments required under the
agreement;
(3) the amount of each installment expressed in
dollars;
(4) the due date or period of each installment;
(5) the amount or method of computing the amount of any
default or delinquency charge that is payable in the event of late
payment; and
(6) the method of computing any unearned portion of
the finance charge in the event of prepayment of the obligation.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.153. FORM OF DISCLOSURES. (a) The disclosures
required by Sections 651.151 and 651.152 must be made clearly,
conspicuously, and in meaningful sequence.
(b) If the term "finance charge" or "annual percentage rate"
is required to be used, the term must be printed more conspicuously
than other required terminology.
(c) Each numerical amount or percentage must be expressed as
a figure and:
(1) legibly handwritten; or
(2) printed in not less than the equivalent of
10-point type, 75/1,000-inch computer type, or elite-size
typewritten numerals.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.154. CONSOLIDATION OF INCREASE ATTRIBUTABLE TO
AMENDMENT OF RATE CLASSIFICATION. (a) If, in a premium finance
agreement, a change in an insured's policy that is caused by an
amendment of the rate classification by endorsement or otherwise
results in an increased principal balance and the amount under the
previous contract has not been fully paid, the subsequent increase,
at the insured's option, may be consolidated with the previous
contract if the agreement provides for consolidation.
(b) A consolidation under this section may be accomplished
by a memorandum of agreement between the agent and the insured if,
before the first scheduled payment date of the amended transaction,
the insurance premium finance company provides to the insured the
following information in writing:
(1) the amount of the premium increase;
(2) the down payment on the increase;
(3) the principal amount of the increase;
(4) the total amount of any finance charge on the
increase;
(5) the total of the additional balance due;
(6) the outstanding balance due under the original
agreement;
(7) the balance due under the consolidated agreement;
(8) the annual percentage rate of any finance charge
on the additional balance due;
(9) the revised schedule of payments;
(10) the amount or method of computing the amount of
any default, deferment, or similar charge authorized by Chapter
342, Finance Code, that is payable in the event of late payment;
and
(11) the method of computing any unearned portion of
the finance charge in the event of prepayment of the obligation.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.155. RESPONSIBILITIES OF INSURANCE AGENT. An
insurance agent shall:
(1) prepare a premium finance agreement; and
(2) deliver to the insured each disclosure statement
required by law.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.156. TAKING OF INCOMPLETE PREMIUM FINANCE AGREEMENT
PROHIBITED. A license holder may not take a premium finance
agreement that has not been fully completed and executed at the time
the agreement is executed.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.157. PERFECTION OF PREMIUM FINANCE AGREEMENT AS
SECURED TRANSACTION: FILING NOT REQUIRED. Filing of a premium
finance agreement or a financing statement is not necessary to
perfect the agreement as a secured transaction against a creditor,
subsequent purchaser, pledgee, encumbrancer, successor, or assign
of the insured or any other party.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.158. PREPAYMENT AND REFUND. (a) Notwithstanding
the provisions of any premium finance agreement to the contrary, an
insured may pay the balance due under the agreement in full at any
time before the maturity of the final installment of the balance.
(b) If an insured pays a premium finance agreement in full
as authorized by this section and the agreement included an amount
for a charge, the insured is entitled to receive for the prepayment
by cash or renewal a refund credit in accordance with Subchapter H,
Chapter 342, Finance Code, and rules adopted under that subchapter.
If the amount of the credit for prepayment is less than $5, the
insured is not entitled to a refund credit.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
Amended by Acts 2005, 79th Leg., ch. 757, § 5, eff. June 17,
2005.
§ 651.159. DEFAULT CHARGE. A premium finance agreement
may provide for the payment of a default charge by the insured as
provided by Section 342.203, Finance Code, this code, or a rule
adopted under those statutes.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.160. POWER OF ATTORNEY. A premium finance
agreement may contain a power of attorney that enables the
insurance premium finance company to cancel any or all of the
insurance contracts listed in the agreement as provided by Section
651.161.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.161. CANCELLATION OF INSURANCE CONTRACT. (a) An
insurance premium finance company may not cancel an insurance
contract listed in a premium finance agreement except as provided
by this section for an insured's failure to make a payment at the
time and in the amount provided in the agreement.
(b) The insurance premium finance company must mail to the
insured a written notice that the company will cancel the insurance
contract because of the insured's default in payment unless the
default is cured at or before the time stated in the notice. The
stated time may not be earlier than the 10th day after the date the
notice is mailed.
(c) The insurance premium finance company must also mail a
copy of the notice to the insurance agent or broker identified in
the premium finance agreement.
(d) After the time stated in the notice required by
Subsection (b), the insurance premium finance company may cancel
each applicable insurance contract by mailing a notice of
cancellation to the insurer. Each insurance contract shall be
canceled as if the insured had canceled the contract, except that
the return of a canceled contract is not required.
(e) The insurance premium finance company must also mail a
notice of cancellation to:
(1) the insured at the insured's last known address;
and
(2) the insurance agent or broker identified in the
premium finance agreement.
(f) A statutory, regulatory, or contractual restriction
that provides that an insurance contract may not be canceled unless
notice is given to a governmental agency, mortgagee, or other third
party applies to a cancellation under this section. The insurer
shall:
(1) give the prescribed notice on behalf of the
insurer or the insured to each governmental agency, mortgagee, or
other third party on or before the second business day after the
date the insurer receives the notice of cancellation from the
insurance premium finance company; and
(2) determine the effective date of cancellation,
taking into consideration the number of days' notice required to
complete the cancellation.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.162. RETURN OF UNEARNED PREMIUMS AND
COMMISSIONS. (a) This section applies only to a premium finance
agreement that contains an assignment or power of attorney for the
benefit of the insurance premium finance company.
(b) If an insurance contract listed in a premium finance
agreement is canceled, the insurer shall return all unearned
premiums that are due under the contract directly to the insurance
premium finance company before the 61st day after the cancellation
date.
(c) The insurer may deduct from the unearned premiums
returned to the insurance premium finance company the amount of any
unearned commission due from the agent writing the insurance if the
insurer notifies the agent to return the unearned commission to the
insurance premium finance company. If the agent does not return the
unearned commission to the insurance premium finance company before
the 91st day after the cancellation date, the insurer shall remit
the unearned commission to the insurance premium finance company
before the 121st day after the cancellation date.
(d) Notwithstanding Subsections (a)-(c), an agent is liable
for the return of unearned commissions on an insurance contract
written through the Texas Windstorm Insurance Association, the
Texas Automobile Insurance Plan Association, or the Texas Medical
Liability Insurance Underwriting Association. An agent placing
business through one of those plans shall return the unearned
commissions to the insurance premium finance company before the
61st day after the date the agent is notified of the cancellation.
(e) An insurer, other than the Texas Windstorm Insurance
Association, the Texas Automobile Insurance Plan Association, or
the Texas Medical Liability Insurance Underwriting Association,
may return the unearned premiums to the producing agent. The
insurer remains liable and shall remit the unearned premiums to the
insurance premium finance company before the 121st day after the
cancellation date if:
(1) the producing agent does not return the unearned
premiums to the insurance premium finance company before the 91st
day after the cancellation date; and
(2) the insurance premium finance company complied
with Section 651.165.
(f) If the insurance premium finance company failed to
comply with Section 651.165, the insurer, including the Texas
Windstorm Insurance Association, the Texas Automobile Insurance
Plan Association, and the Texas Medical Liability Insurance
Underwriting Association, may comply with its legal duty to return
the unearned premiums due under the insurance contract to the
insurance premium finance company by returning those unearned
premiums to the producing agent.
(g) If the crediting of return premiums to the account of an
insured results in a surplus over the amount due from the insured,
the insurance premium finance company shall refund the excess to
the insured. If the amount of the excess is less than $1, the
insured is not entitled to a refund.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.163. ASSIGNMENT OF PREMIUM FINANCE
AGREEMENT. Unless the insured has notice of an actual or intended
assignment of a premium finance agreement, payment by an insured
under the agreement to the last known holder of the agreement is
binding on all subsequent holders or assignees.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.164. RESTRICTIONS ON PREMIUM FINANCE
AGREEMENTS. (a) A premium finance agreement may not contain any
provision under which, absent default by the insured, the insurance
premium finance company holding the agreement may arbitrarily or
without reasonable cause accelerate the maturity of all or any part
of the amount owing under the agreement.
(b) For purposes of Subsection (a), reasonable cause
includes a proceeding in bankruptcy, receivership, or insolvency
instituted by or against the insured or the insolvency of or
suspension of business or cessation of the right to engage in
business by an insurer writing policies that are financed for the
insured under the premium finance agreement.
(c) A license holder may not take:
(1) an instrument in which the insured waives any
right accruing to the insured under this chapter;
(2) an instrument that has not been fully completed
and executed by the insured;
(3) an assignment of wages as security for an
insurance premium finance agreement entered into under this
chapter;
(4) a lien on real property as security for a premium
finance agreement entered into under this chapter, except any lien
created by law on the recording of an abstract of judgment; or
(5) a confession of judgment or a power of attorney in
favor of the license holder or a third person to confess judgment or
to appear for an insured in a judicial proceeding.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.165. REQUIRED NOTICE OF CERTAIN PREMIUM FINANCE
AGREEMENTS. (a) An insurance premium finance company that enters
into a premium finance agreement that includes an assignment or
power of attorney shall notify the insurer or the Texas Windstorm
Insurance Association, the Texas Automobile Insurance Plan
Association, or the Texas Medical Liability Insurance Underwriting
Association whose premiums are being financed:
(1) of the existence of the agreement; and
(2) to whom the premium payment has been made.
(b) An insurance premium finance company shall notify and
fund all premiums to a county mutual insurance company unless the
insurance premium finance company is authorized in writing by the
county mutual insurance company to notify or fund an agent or
managing general agent.
(c) Notice required under this section must be made before
the 31st day after the date the premium finance agreement is
accepted by the insurance premium finance company.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.166. TAKING, RECEIVING, OR CHARGING UNAUTHORIZED
AMOUNT. (a) Taking or receiving from an insured or the charging of
an insured by an insurance premium finance company of a charge
greater than authorized by this chapter does not invalidate:
(1) the premium finance agreement; or
(2) the principal balance payable under the agreement.
(b) An action described by Subsection (a) may be adjudged a
forfeiture of all charges that:
(1) are authorized under the premium finance
agreement; or
(2) the insured has agreed to pay.
(c) A person who pays an unauthorized charge or the person's
legal representative may bring an action against the insurance
premium finance company to recover twice the total amount of the
charge paid. The action must be brought within two years after the
date the unauthorized charge is paid.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.167. EFFECT OF LICENSE REVOCATION, SUSPENSION, OR
SURRENDER ON PREMIUM FINANCE AGREEMENT. The revocation,
suspension, or surrender of a license does not affect the
obligation of an insured under a lawful premium finance agreement
previously acquired or held by the person whose license was
revoked, suspended, or surrendered.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
SUBCHAPTER E. DISCIPLINARY PROCEDURES AND PENALTIES; OFFENSES
§ 651.201. EXAMINATIONS AND INVESTIGATIONS OF LICENSE
HOLDERS. (a) The department may conduct an examination or
investigation that is necessary to determine whether a license
holder:
(1) is in compliance with this chapter; or
(2) has engaged in conduct that would warrant the
revocation or suspension of the license holder's license.
(b) The department or an authorized representative of the
department may:
(1) require the attendance of any person;
(2) examine the person under oath; and
(3) compel the production of any relevant book,
record, account, or document.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.202. CONFIDENTIALITY OF REPORTS AND RELATED
MATERIAL. (a) A report of an examination or investigation under
Section 651.201 and any correspondence or memoranda concerning or
arising from the examination or investigation:
(1) are confidential communications;
(2) are not subject to subpoena; and
(3) may not be made public, except in connection with a
hearing under Section 651.204 or an appearance in connection with
the hearing.
(b) Subsection (a) applies to an authenticated copy of a
report described by Subsection (a) in the possession of the
commissioner, the department, or a license holder.
(c) Information obtained in the course of an examination or
investigation may be made available to another governmental agency
if the information involves a matter within the scope or
jurisdiction of the agency.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.203. HEARINGS AND INVESTIGATIONS; SUBPOENA
POWER. In conducting a hearing or investigation under this
chapter, the department or a person designated by the department
may:
(1) administer oaths;
(2) subpoena witnesses;
(3) take depositions of witnesses who reside outside
of this state in the manner provided for in a civil action in
district court; and
(4) pay to those witnesses a fee and mileage for
attendance as provided for a witness in a civil action in district
court.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.204. REVOCATION OR SUSPENSION OF LICENSE. After
notice and hearing, the department may revoke or suspend a license
if:
(1) the department finds:
(A) that the license holder has violated this
chapter or a rule adopted by the commissioner under this chapter;
or
(B) the existence of a fact or condition that, if
the fact or condition existed at the time of the original
application for the license, clearly would have warranted the
refusal of the license; or
(2) the department learns from any source that the
license holder has failed to return all amounts due from an
insurance premium finance company to the person whose insurance
policy has been canceled as required by Section 651.162.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.205. ISSUANCE OF REVOCATION OR SUSPENSION
ORDER. If the department revokes or suspends a license, the
department shall:
(1) immediately issue in duplicate a written order of
revocation or suspension;
(2) file one copy of the order in the office of the
secretary of state; and
(3) mail one copy of the order to the license holder.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.206. SURRENDER OF LICENSE; EFFECT. (a) A license
holder may surrender a license by delivering to the department
written notice that the license holder surrenders the license.
(b) The surrender of a license does not affect any civil or
criminal liability of the person for an act committed before the
surrender.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.207. LICENSE REINSTATEMENT. The department may
reinstate a suspended license or issue a new license to a person
whose license has been revoked if no fact or condition exists that
clearly would have warranted the refusal to issue the license
originally.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.208. OFFENSE. (a) A person commits an offense if
the person:
(1) intentionally, knowingly, recklessly, or
negligently engages in the operation of an insurance premium
finance company and does not hold a license issued under this
chapter;
(2) intentionally, knowingly, recklessly, or
negligently violates this chapter;
(3) intentionally or knowingly omits to state a
material fact necessary to give the commissioner or the department
information lawfully required of the person; or
(4) refuses to permit an investigation or examination
authorized under this chapter.
(b) An offense under this section is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.
§ 651.209. SANCTIONS; CEASE AND DESIST ORDERS. In
addition to each penalty provided by Sections 651.166 and 651.208,
the commissioner or a person designated by the commissioner may:
(1) order a sanction under Subchapter B, Chapter 82;
or
(2) issue a cease and desist order under Chapter 83.
Added by Acts 2003, 78th Leg., ch. 1274, § 2, eff. April 1, 2005.