85R22124 GRM-F
By: Minjarez, Larson, Gutierrez, Hernandez, H.B. No. 2816
Geren
Substitute the following for H.B. No. 2816:
By: Kuempel C.S.H.B. No. 2816
A BILL TO BE ENTITLED
AN ACT
relating to service contract providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1304.003, Occupations Code, is amended
by amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) In this chapter:
(1) "Identity recovery" means a process, through a
limited power of attorney and the assistance of an identity
recovery expert, that returns the identity of an identity theft
victim to pre-identity theft event status.
(2) "Service contract" means an agreement that is
entered into for a separately stated consideration and for a
specified term under which a provider agrees to:
(A) repair, replace, or maintain a product, or
provide indemnification for the repair, replacement, or
maintenance of a product, for operational or structural failure or
damage caused by a defect in materials or workmanship or by normal
wear; [or]
(B) provide identity recovery, if the service
contract is financed under Chapter 348 or 353, Finance Code; or
(C) provide compensation to the buyer of a
vehicle on the total constructive loss under a depreciation benefit
optional member program.
(3) "Depreciation benefit optional member program"
means a service contract financed under Chapter 348 or 353, Finance
Code, that pays to the buyer, as a credit toward the purchase of a
replacement vehicle at a participating dealer, an amount less than
or equal to the difference between the purchase price and actual
cash value for a total constructive loss.
(e) A service contract described by Subsection (a)(2)(C):
(1) may not be required as a condition of approval of a
loan for the purchase of a vehicle;
(2) may not be offered by a dealer who requires a loan
for the purchase of a vehicle to be financed exclusively with the
dealer;
(3) may be canceled by the buyer not later than the
30th day after a buyer enters into the contract, without a penalty;
(4) may be canceled by the buyer later than the 30th
day after a buyer enters into the contract, with a pro rata refund
to be provided to the buyer; and
(5) may only charge a fee that is reasonable in
relation to the benefit provided by the service contract.
SECTION 2. The changes in law made by this Act apply only to
a depreciation benefit optional member program service contract
entered into or renewed on or after the effective date of this Act.
A depreciation benefit optional member program service contract
entered into or renewed before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.