Texas 2011 - 82nd Regular

Texas Senate Bill SB1415

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the suitability of certain annuity transactions.

Impact

The legislation will amend existing provisions in the Texas Insurance Code that govern suitability in annuity transactions, thereby imposing legal obligations on insurers to develop comprehensive supervision systems. These systems should ensure compliance with the new standards, thereby holding agents and insurers accountable for their recommendations. The bill's implementation is expected to foster a more transparent environment in which consumers can make informed decisions about their financial products, thereby potentially reducing the risk of inappropriate recommendations driven by the profit motives of agents or firms.

Summary

SB1415 aims to enhance consumer protections regarding annuity transactions by establishing strict suitability standards for agents and insurers in Texas. The bill requires that before any recommendation to purchase, exchange, or replace an annuity, an agent or insurer must make reasonable efforts to obtain detailed suitability information from consumers. This information includes factors such as the consumer's financial situation, objectives, and preferences. The intent is to ensure that consumers are provided with options that align closely with their individual financial needs and circumstances, which is seen as a crucial step in safeguarding their interests in a volatile market.

Sentiment

The sentiment around SB1415 is generally positive among consumer advocacy groups, who support enhanced regulations to protect consumers from unsuitable financial products. Proponents argue that the legislation is long overdue and necessary for improving trust in the financial services industry. However, there are concerns expressed by some industry representatives who worry that the stringent requirements may inhibit the ability of agents to provide personalized service or may complicate the sales process, potentially leading to decreased accessibility for consumers seeking annuities.

Contention

Notable points of contention include concerns regarding the balance between protective regulations and industry flexibility. While many support the idea of safeguarding consumers, some argue that too many regulatory hurdles could stifle competition within the annuity market. Another concern revolves around the compliance burden on smaller firms and agents, who may struggle to establish the required oversight systems. This debate highlights the ongoing tension between ensuring consumer protections and fostering a competitive marketplace conducive to innovation and service efficiency.

Companion Bills

TX HB2278

Identical Relating to the suitability of certain annuity transactions.

Previously Filed As

TX HB3102

Relating to the cancellation of certain consumer transactions.

TX HB3275

Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

TX SB1371

Relating to the regulation of consumer credit transactions and the regulatory authority of the consumer credit commissioner; changing a fee.

TX SB895

Relating to the regulation of money services businesses; creating a criminal offense; creating administrative penalties; authorizing the imposition of a fee.

TX SB266

Relating to a prohibition on the enactment of a law imposing an occupation tax on certain entities that enter into transactions conveying securities or imposing a tax on certain securities transactions.

TX HB4915

Relating to the deceptive trade practice of excluding mandatory fees or charges from an advertised, displayed, or offered price.

TX HB1587

Relating to the use by insurance companies of separate accounts in connection with life insurance and annuities and certain other benefits.

TX SB1734

Relating to the use by insurance companies of separate accounts in connection with life insurance and annuities and certain other benefits.

TX HB2843

Relating to the authorization, licensing, and regulation of casino gaming and sports wagering in this state, to the creation, powers, and duties of the Texas Gaming Commission, to the support of the horse racing industry and reform of horse racing and greyhound racing, and to other provisions related to gambling; imposing and authorizing administrative and civil penalties; imposing taxes; imposing and authorizing fees; requiring occupational licenses; creating criminal offenses.

TX HB3395

Relating to the charging of swipe fees on certain electronic payment transactions; authorizing a civil penalty.

Similar Bills

TX HB2278

Relating to the suitability of certain annuity transactions.

TX HB2277

Relating to life settlements and the sale, exchange, or replacement of life insurance and annuity contracts.

TX HB1777

Relating to disclosures and standards required for certain annuity transactions and benefits under certain annuity contracts.

HI HB2111

Relating To Insurance.

HI SB3079

Relating To Insurance.

FL H1185

Consumer Protection

SD SB148

Revise annuity sales standards.