HBA-DMH C.S.H.B. 1404 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1404
By: Martinez Fischer
Insurance
4/1/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Credit card companies market life, disability, and unemployment insurance
to consumers by enclosing information in monthly billing statements.  This
insurance covers all or a portion of a cardholder's debt in the event of
the cardholder's death, disability, or involuntary unemployment.  A
cardholder authorizes coverage by checking a box on a monthly billing
statement, the monthly premium is then charged to the consumer's credit
card and paid to the insurance company.  This informal application process
may make consumers vulnerable to abuses such as unauthorized coverage or
overcharging.  Current law does not require these insurance companies or
credit card issuers to keep consumer applications or policy information on
file, which may make proving an unauthorized charge difficult.  C.S.H.B.
1404 requires providers of credit insurance to retain applications and
policy information for one year after coverage ends and authorizes an
insured to inspect records maintained by insurance companies or credit card
issuers. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated  
the commissioner of insurance SECTION 1 (Section 6, Article 21.79A,
Insurance Code) of this bill. 

ANALYSIS

C.S.H.B. 1404 amends the Insurance Code to require an insurer or credit
card issuer to maintain complete records of the documents obtained in
connection with a  policy or group certificate of specified credit
insurance issued by the insurer or credit card issuer that is marketed in
connection with credit cards.  The bill specifies the information the
records must include, how the records are to be maintained, and the
inspection of the records.  The bill provides that the insurer is
responsible for ensuring compliance with the record retention provisions.   

If a copy of an application for a policy or certificate is not properly
maintained in accordance with records retention provisions, the bill
prohibits a credit card issuer from charging and an insurer from collecting
or accepting any premium or other charge with respect to a policy or
certificate and requires an insurer or credit card issuer to refund to the
insured specified charges plus interest.  The bill provides that these
provisions do not affect an insurer's obligation to pay a claim or issue an
original policy under certain conditions. 

The bill authorizes the commissioner of insurance to adopt rules as
necessary to implement these provisions. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1404 differs from the original bill by expanding the applicability
of credit card insurance provisions to include a credit card issuer who
offers or makes available specified credit insurance.  The  substitute
includes claim information in the documents required to be maintained as
part of a complete record and adds provisions for violations and refunds if
records are not properly maintained.  The substitute adds that credit card
insurance provisions do not affect an insurers obligation to pay a claim
under certain conditions.