CHAPTER 651. FINANCING OF INSURANCE PREMIUMS
INSURANCE CODE
TITLE 5. PROTECTION OF CONSUMER INTERESTS
SUBTITLE E. PREMIUM FINANCING
CHAPTER 651. FINANCING OF INSURANCE PREMIUMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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, Sec. 2, eff. April 1,
2005.
Amended by:
Acts 2005, 79th Leg., Ch.
757, Sec. 1, eff. June 17, 2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 651.008. AUTHORITY OF CERTAIN PROPERTY AND CASUALTY AGENTS
TO CHARGE INTEREST TO CERTAIN PERSONS. (a) Notwithstanding any
other law, a general property and casualty agent or a personal
lines 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, Sec. 2, eff. April 1,
2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
548, Sec. 2.06, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
548, Sec. 2.07, eff. September 1, 2007.
SUBCHAPTER B. AUTHORITY TO ENGAGE IN BUSINESS
Sec. 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, Sec. 2, eff. April 1,
2005.
Amended by:
Acts 2005, 79th Leg., Ch.
757, Sec. 2, eff. June 17, 2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 651.062. TRANSFER OR ASSIGNMENT OF LICENSE PROHIBITED. A
license may not be transferred or assigned.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
SUBCHAPTER C. REGULATION OF INSURANCE PREMIUM
FINANCE COMPANIES AND OTHERS
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Amended by:
Acts 2005, 79th Leg., Ch.
757, Sec. 4, eff. June 17, 2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
SUBCHAPTER D. PREMIUM FINANCE AGREEMENTS
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Amended by:
Acts 2005, 79th Leg., Ch.
757, Sec. 5, eff. June 17, 2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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
$5, the insured is not entitled to a refund.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1,
2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
417, Sec. 1, eff. June 19, 2009.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
SUBCHAPTER E. DISCIPLINARY PROCEDURES AND PENALTIES; OFFENSES
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.
Sec. 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, Sec. 2, eff. April 1,
2005.