Texas 2011 - 82nd Regular

Texas Senate Bill SB1213

Filed
 
Out of Senate Committee
5/4/11  
Introduced
3/7/11  
Voted on by Senate
5/9/11  
Refer
3/16/11  
Out of House Committee
5/13/11  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to consumer protections in the purchase of life settlement contracts; imposing penalties.

Impact

The Act introduces significant changes to state laws regarding life settlements, requiring all brokers and providers to obtain proper licenses before engaging in life settlement transactions. It mandates disclosures that brokers must provide to consumers, detailing the terms and conditions of the settlements and their rights. The bill also allows the commissioner of insurance to take action against any individual or entity that commits fraud in connection with life settlements, categorizing such actions as criminal offenses subject to penalties, thereby reinforcing the integrity of the market.

Summary

SB1213, known as the Life Settlements Act, establishes a comprehensive regulatory framework for life settlement contracts in Texas. The bill aims to enhance consumer protections during the purchase of such contracts, which allow policyholders to sell their life insurance policies in exchange for a lump sum payment that is less than the death benefit but more than the cash surrender value. By implementing stricter licensing requirements for brokers and providers, the bill seeks to ensure that consumers are adequately informed and protected throughout the transaction process, thereby reducing the risk of fraudulent activities.

Conclusion

Overall, SB1213 addresses a growing need for regulation in the life settlement market amidst increasing instances of fraud and consumer exploitation. The bill's focus on consumer education and transparency aims to empower policyholders while also instilling confidence in the marketplace. As the bill moves forward, it will be crucial to assess its real-world effects on both consumers and industry stakeholders.

Contention

While proponents of SB1213 praise its potential to protect vulnerable consumers, concerns were raised about the implications for the life insurance market and the costs associated with compliance. Critics argue that the increased regulatory burden may discourage participation in the life settlement market, potentially limiting options for consumers seeking liquidity from their policies. Furthermore, there are fears that stringent regulations might make it more challenging for legitimate brokers to operate effectively, which could inadvertently lead to reduced market competition and fewer available services for policyholders.

Companion Bills

TX HB2147

Identical Relating to the regulation of certain transactions related to life insurance and related products; providing penalties.

Similar Bills

TX SB1581

Relating to the regulation of secondary market transactions related to the business of life settlements; providing penalties; authorizing fees.

TX SB1061

Relating to the regulation of secondary market transactions related to the business of life settlements; providing penalties; authorizing fees.

TX HB3723

Relating to the regulation of secondary market transactions related to the business of life settlements; providing penalties; authorizing fees.

TX HB2277

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

TX HB2147

Relating to the regulation of certain transactions related to life insurance and related products; providing penalties.

WV HB2791

Public Adjuster Professional Standards Reform Act

NC S491

NC Debt Settlement Services Act

MT HB60

Generally revise state auditor laws