Texas 2019 - 86th Regular

Texas House Bill HB2587 Compare Versions

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1-H.B. No. 2587
1+By: Lucio III (Senate Sponsor - Paxton) H.B. No. 2587
2+ (In the Senate - Received from the House April 23, 2019;
3+ April 24, 2019, read first time and referred to Committee on
4+ Business & Commerce; May 20, 2019, reported favorably by the
5+ following vote: Yeas 8, Nays 0; May 20, 2019, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the business of travel insurance.
612 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
713 SECTION 1. Title 12, Insurance Code, is amended by adding
814 Chapter 3504 to read as follows:
915 CHAPTER 3504. TRAVEL INSURANCE
1016 Sec. 3504.0001. DEFINITIONS. In this chapter:
11- (1) "Aggregator site" means an Internet website that
12- provides access to information regarding insurance products from
13- more than one insurer, including product and insurer information,
14- for use in comparison shopping.
17+ (1) "Aggregator site" means a website that provides
18+ access to information regarding insurance products from more than
19+ one insurer, including product and insurer information, for use in
20+ comparison shopping.
1521 (2) "Blanket travel insurance" means a policy of
1622 travel insurance issued to an eligible group that provides coverage
1723 for specific classes of persons with coverage provided to each
1824 member of the eligible group defined in the policy without a
1925 separate charge to individual members of the eligible group.
2026 (3) "Cancellation fee waiver" means a contractual
2127 agreement between a supplier of travel services and the supplier's
2228 customer to waive some or all of the nonrefundable cancellation fee
2329 provisions of the supplier's underlying travel contract with or
2430 without regard to the reason for the cancellation or form of
2531 reimbursement. A cancellation fee waiver is not insurance.
2632 (4) "Eligible group" means two or more persons who are
2733 engaged in a common enterprise or have an economic, educational, or
2834 social affinity or relationship, including any of the following:
2935 (A) an entity engaged in the business of
3036 providing travel or travel services, including a tour operator, a
3137 lodging provider, a vacation property owner, a hotel or resort, a
3238 travel club, a travel agency, a property manager, a cultural
3339 exchange program, and a common carrier or the operator, owner, or
3440 lessor of a means of transportation of passengers, including an
3541 airline, a cruise line, a railroad, a steamship company, and a
3642 public bus carrier, wherein with regard to any particular travel or
3743 type of travel or travelers, all members or customers of the group
3844 must have a common exposure to risk attendant to the travel;
3945 (B) a college, school, or other institution of
4046 learning covering students, teachers, employees, or volunteers;
4147 (C) an employer covering a board of directors or
4248 a group of employees, volunteers, contractors, dependents, or
4349 guests;
4450 (D) a sports team or camp or sponsor of a team or
4551 camp covering participants, members, campers, employees,
4652 officials, supervisors, or volunteers;
4753 (E) a religious, charitable, recreational,
4854 educational, or civic organization or branch of the organization
4955 covering members, participants, or volunteers;
5056 (F) a financial institution or financial
5157 institution vendor or a parent holding company, trustee, or agent
5258 or designee of a financial institution or financial institution
5359 vendor covering persons, including account holders, credit card
5460 holders, debtors, guarantors, or purchasers;
5561 (G) an incorporated or unincorporated
5662 association, including a labor union that has a common interest,
5763 constitution, and bylaws, organized and maintained in good faith
5864 for a purpose other than obtaining insurance for the association's
5965 members or participants;
6066 (H) a trust, or the trustees of a fund,
6167 established, created, or maintained for the benefit of and covering
6268 members, employees, or customers of one or more associations
6369 meeting the requirements of Paragraph (G), subject to the
6470 commissioner's approval and the state premium tax provisions of
65- Section 3504.0004;
71+ Section 3504.0005;
6672 (I) an entertainment production company covering
6773 a group of participants, volunteers, audience members,
6874 contestants, or workers;
6975 (J) a volunteer fire department or an ambulance,
7076 rescue, police, court, first aid, or civil defense volunteer group
7177 or other similar volunteer group;
72- (K) a preschool, a day-care facility for children
73- or adults, or a senior citizen club;
78+ (K) a preschool, a daycare institution for
79+ children or adults, or a senior citizen club;
7480 (L) an automobile or truck rental or leasing
7581 company covering a group of individuals who may become renters,
7682 lessees, or passengers defined by the individual's status on the
7783 rented or leased vehicles, in which circumstance the common
7884 carrier, the operator, owner, or lessor of a means of
7985 transportation, or the automobile or truck rental or leasing
8086 company is the policyholder; or
8187 (M) any other group with respect to which the
8288 commissioner has determined:
8389 (i) the members are engaged in a common
8490 enterprise or have an economic, educational, or social affinity or
8591 relationship; and
8692 (ii) issuance of the policy is not contrary
8793 to the public interest.
8894 (5) "Fulfillment materials" means documentation sent
8995 to the purchaser of a travel protection plan that confirms the
9096 purchase and provides the travel protection plan's coverage and
9197 assistance details.
9298 (6) "Group travel insurance" means travel insurance
9399 issued to an eligible group.
94100 (7) "Planned trip" or "planned travel" means any
95101 journey or travel arranged through the services of a travel agency.
96102 (8) "Primary certificate holder," specific to Section
97- 3504.0004, means an individual who elects and purchases travel
103+ 3504.0005, means an individual who elects and purchases travel
98104 insurance under a group policy.
99105 (9) "Primary policyholder," specific to Section
100- 3504.0004, means an individual who elects and purchases individual
106+ 3504.0005, means an individual who elects and purchases individual
101107 travel insurance.
102108 (10) "Travel assistance services" means noninsurance
103109 services that do not indemnify the consumer based on a fortuitous
104110 event or result in the transfer or shifting of risk constituting the
105111 business of insurance. Travel assistance services include security
106112 advisories, destination information, vaccination and immunization
107113 information services, travel reservation services, entertainment,
108114 activity and event planning, translation assistance, emergency
109115 messaging, international legal and medical referrals, medical case
110116 monitoring, coordination of transportation arrangements, emergency
111117 cash transfer assistance, medical prescription replacement
112118 assistance, passport and travel document replacement assistance,
113119 lost luggage assistance, concierge services, and any other service
114120 that is furnished in connection with planned travel. Travel
115- assistance services are not insurance and are not related to
116- insurance.
121+ assistance services are not insurance and not related to insurance.
117122 (11) "Travel insurance" means insurance coverage for
118123 personal risks incident to planned travel, including:
119124 (A) interruption or cancellation of a trip or
120125 event;
121126 (B) loss of baggage or personal effects;
122127 (C) damages to accommodations or rental
123128 vehicles;
124129 (D) sickness, accident, disability, or death
125130 occurring during travel;
126131 (E) emergency evacuation;
127132 (F) repatriation of remains; or
128133 (G) any other contractual obligations to
129134 indemnify or pay a specified amount to the traveler on determinable
130135 contingencies related to travel as approved by the commissioner.
131136 Travel insurance does not include a major medical plan that
132137 provides comprehensive medical protection for a traveler on a trip
133138 of longer than six months, such as an individual working or residing
134139 overseas as an expatriate, or any other insurance product that must
135140 be sold by an agent with a specific agent's license.
136141 (12) "Travel protection plan" means a plan that
137142 provides one or more of the following:
138143 (A) travel insurance;
139144 (B) travel assistance services; and
140145 (C) cancellation fee waivers.
141146 Sec. 3504.0002. APPLICABILITY. (a) This chapter applies
142147 to a travel insurance policy or certificate that:
143148 (1) provides coverage to a resident of this state or is
144149 sold, solicited, negotiated, or offered in this state; and
145150 (2) is delivered or issued for delivery in this state.
146151 (b) This chapter does not apply to a cancellation fee waiver
147152 or travel assistance service except as expressly provided in this
148153 chapter.
149- Sec. 3504.0003. LINE OF INSURANCE. (a) Except as provided
150- by Subsection (b) and notwithstanding any other provision of this
151- code, travel insurance is classified and filed for purposes of
152- rates and forms under an inland marine line of insurance.
154+ Sec. 3504.0003. CONFLICT OF LAWS. This chapter prevails to
155+ the extent of any conflict with another provision of this code.
156+ Sec. 3504.0004. LINE OF INSURANCE. (a) Notwithstanding
157+ any other provision of this code, travel insurance is classified
158+ and filed for purposes of rates and forms under an inland marine
159+ line of insurance, except as provided by Subsection (b).
153160 (b) Travel insurance that provides coverage for sickness,
154161 accident, disability, or death occurring during travel,
155162 exclusively or in conjunction with related coverage for emergency
156163 evacuation, repatriation of remains, or incidental limited
157164 property and casualty benefits, including baggage or trip
158165 cancellation, may be filed by an authorized insurer under an
159166 accident and health line of insurance or an inland marine line of
160167 insurance.
161168 (c) Eligibility and underwriting standards for travel
162169 insurance may be developed and provided based on travel protection
163170 plans designed for individual or identified marketing or
164171 distribution channels if the standards meet underwriting standards
165172 for an inland marine line of insurance.
166- Sec. 3504.0004. PREMIUM TAX. (a) A travel insurer shall
173+ Sec. 3504.0005. PREMIUM TAX. (a) A travel insurer shall
167174 pay premium tax, as provided by Section 221.002, on travel
168175 insurance premiums paid by any of the following:
169176 (1) an individual primary policyholder who is a
170177 resident of this state;
171178 (2) a primary certificate holder who is a resident of
172179 this state and elects and purchases coverage under a group travel
173180 insurance policy; or
174- (3) a blanket travel insurance policyholder who buys a
175- blanket travel insurance policy for members of an eligible group
176- if:
181+ (3) subject to apportionment of premium in accordance
182+ with Chapter 229 or other law, a blanket travel insurance
183+ policyholder who buys a blanket travel insurance policy in this
184+ state for members of the eligible group if:
177185 (A) the policyholder is a resident of this state;
178- or
179186 (B) the policyholder's principal place of
180- business is located in this state.
187+ business is located in this state; or
188+ (C) the principal place of business of an
189+ affiliate or subsidiary of the policyholder is located in this
190+ state.
181191 (b) A travel insurer shall:
182192 (1) document the state of residence or principal place
183193 of business of the policyholder or certificate holder described by
184194 Subsection (a); and
185- (2) report as premium:
186- (A) only the amount allocable to travel insurance
187- and not amounts received for travel assistance services or
188- cancellation fee waivers; and
189- (B) only the amount allocable to residents of
190- this state.
195+ (2) report as premium only the amount allocable to
196+ travel insurance and not amounts received for travel assistance
197+ services or cancellation fee waivers.
191198 (c) Amounts received for travel assistance services and
192199 cancellation fee waivers, whether the travel assistance services
193200 and cancellation waivers are offered separately or for a combined
194- price authorized by Section 3504.0005, are not subject to taxation
201+ price authorized by Section 3504.0006, are not subject to taxation
195202 under Section 221.002(b).
196- Sec. 3504.0005. TRAVEL PROTECTION PLANS. A travel
203+ Sec. 3504.0006. TRAVEL PROTECTION PLANS. A travel
197204 protection plan composed of multiple features may be offered for a
198205 combined price if:
199- (1) at the time or before the consumer buys the travel
200- protection plan it is clearly disclosed to the consumer that the
201- plan includes travel insurance, travel assistance services, and
202- cancellation fee waivers, as applicable, and provides information
203- and an opportunity for the consumer to obtain additional
206+ (1) at the time of or before the consumer buys the
207+ travel protection plan it is clearly disclosed to the consumer that
208+ the plan includes travel insurance, travel assistance services, and
209+ cancellation fee waivers, as applicable, and information and an
210+ opportunity is provided for the consumer to obtain additional
204211 information regarding the features and the pricing of each feature;
205212 and
206213 (2) the fulfillment materials:
207214 (A) describe the travel insurance, travel
208215 assistance services, and cancellation fee waivers in the travel
209216 protection plan; and
210217 (B) include the travel insurance disclosures and
211218 the contact information for persons providing travel assistance
212219 services and cancellation fee waivers, as applicable.
213- Sec. 3504.0006. SALES PRACTICES; PROHIBITED PRACTICES. (a)
220+ Sec. 3504.0007. SALES PRACTICES; PROHIBITED PRACTICES. (a)
214221 Offering or selling a travel insurance policy that could never
215222 result in payment of a claim for an insured under the policy is an
216223 unfair trade practice under Subtitle C, Title 5.
217224 (b) All documents provided to a consumer before the purchase
218225 of travel insurance, including sales materials, advertising
219226 materials, and marketing materials, must be consistent with the
220227 travel insurance policy, including forms, endorsements, policies,
221228 rate filings, and certificates of insurance.
222229 (c) Before the consumer buys travel insurance and
223230 subsequently in the fulfillment materials, the consumer must be
224231 provided information about any preexisting condition exclusion
225232 that is included in the travel insurance policy or certificate. The
226233 consumer must have the opportunity to learn more about the
227234 exclusion.
228235 (d) The fulfillment materials and the information described
229236 in Section 4055.154(a) must be provided to a policyholder or
230237 certificate holder as soon as practicable after the purchase of a
231238 travel protection plan. Unless the policyholder or certificate
232239 holder has started a covered trip or filed a claim under the travel
233240 insurance coverage, the policyholder or certificate holder may
234241 cancel a policy or certificate for a full refund of the travel
235242 protection plan price. The policyholder or certificate holder must
236243 exercise the right to cancel a travel protection plan before:
237244 (1) the 15th day after the date of delivery of the
238245 travel protection plan's fulfillment materials by United States
239246 mail or a later date specified by the plan; or
240247 (2) the 10th day after the date of delivery of the
241248 travel protection plan's fulfillment materials by means other than
242249 United States mail or a later date specified by the plan.
243250 (e) For the purposes of this section, delivery means handing
244251 fulfillment materials to the policyholder or certificate holder or
245252 sending fulfillment materials by United States mail or electronic
246253 means to the policyholder or certificate holder.
247254 (f) The company shall disclose in the policy documentation
248255 and fulfillment materials if the travel insurance is primary or
249256 secondary to other applicable coverage.
250257 (g) If travel insurance is marketed directly to a consumer
251- through an insurer's Internet website or by others through an
252- aggregator site, it is not an unfair trade practice or other
253- violation of law if:
258+ through an insurer's website or by others through an aggregator
259+ site, it is not an unfair trade practice or other violation of law
260+ if:
254261 (1) an accurate summary or short description of
255- coverage is provided on the Internet website; and
262+ coverage is provided on the website; and
256263 (2) the consumer has access to the full provisions of
257264 the policy through electronic means.
258265 (h) A person offering, soliciting, or negotiating travel
259266 insurance or travel protection plans on an individual or group
260- basis may not do so by using a negative option or opt out that
267+ basis may not do so by using negative option or opt out that
261268 requires a consumer to take an affirmative action to deselect
262269 coverage, such as unchecking a box on an electronic form, when the
263270 consumer purchases a trip.
264271 (i) It is an unfair trade practice to market blanket travel
265272 insurance coverage as free.
266273 (j) If a consumer's destination jurisdiction requires
267274 insurance coverage, it is not an unfair trade practice to require
268275 that a consumer choose between the following options as a condition
269276 of purchasing a trip or travel package:
270277 (1) purchasing the coverage required by the
271278 destination jurisdiction through the travel retailer or
272279 supervising entity supplying the trip or travel package; or
273280 (2) agreeing to obtain and provide proof of coverage
274281 that meets the destination jurisdiction's requirements before
275282 departure.
276- Sec. 3504.0007. RULEMAKING. (a) The commissioner may
277- adopt rules necessary to implement this chapter. Section
278- 2001.0045, Government Code, does not apply to rules adopted under
279- this section.
280- (b) The comptroller, in consultation with the commissioner,
281- may adopt rules to implement this chapter.
283+ Sec. 3504.0008. RULEMAKING. The commissioner shall adopt
284+ rules necessary to implement this chapter. Section 2001.0045,
285+ Government Code, does not apply to rules adopted under this
286+ section.
282287 SECTION 2. Section 4055.151, Insurance Code, is amended by
283288 amending Subdivision (1) and adding Subdivisions (1-a) and (1-c) to
284289 read as follows:
285290 (1) "Offer and disseminate" means to:
286291 (A) provide general information, including the
287292 price and a description of the coverage; and
288293 (B) process the application and collect
289294 premiums.
290295 (1-a) "Planned trip" means any journey or travel
291296 arranged through the services of a travel agency.
292- (1-c) "Travel administrator" means a person who
293- directly or indirectly underwrites, collects a charge, collateral,
294- or premium from, or adjusts or settles a claim of, a resident of
295- this state in connection with travel insurance. A person is not a
296- travel administrator if the person's only actions that would
297- otherwise cause the person to be considered a travel administrator
298- include:
297+ (1-c) "Travel administrator" means a person who,
298+ directly or indirectly, underwrites, collects a charge,
299+ collateral, or a premium from, or adjusts or settles a claim of a
300+ resident of this state in connection with travel insurance. A
301+ person is not a travel administrator if the person's only actions
302+ that would otherwise cause the person to be considered a travel
303+ administrator include:
299304 (A) the person working for a travel administrator
300305 to the extent the person's activities are subject to the
301306 supervision and control of the travel administrator;
302307 (B) an insurance agent selling insurance or
303308 engaged in administrative and claims-related activities within the
304309 scope of the agent's license;
305310 (C) a travel retailer, registered under the
306311 license of a supervising entity in accordance with this subchapter,
307312 offering and disseminating travel insurance;
308313 (D) an individual adjusting or settling claims in
309314 the normal course of the individual's practice or employment as an
310315 attorney and who does not collect charges or premiums in connection
311316 with insurance coverage; or
312317 (E) a business entity that is affiliated with a
313318 licensed insurer acting as a travel administrator for the direct
314319 and assumed insurance business of an affiliated insurer.
315320 SECTION 3. Sections 4055.1515, 4055.153, and 4055.154,
316321 Insurance Code, are amended to read as follows:
317322 Sec. 4055.1515. TRAVEL INSURANCE SUPERVISING ENTITY AND
318323 TRAVEL ADMINISTRATOR. (a) An insurer authorized to engage in the
319324 business of travel insurance in this state may designate a travel
320325 insurance supervising entity for purposes of this subchapter. The
321326 supervising entity must be:
322327 (1) a licensed managing general agent;
323328 (2) a licensed third-party administrator; [or]
324329 (3) a licensed insurance agent, including a specialty
325330 license holder and a person described by Section 4055.002(a); or
326331 (4) a travel administrator.
327332 (b) Notwithstanding any other provisions of this code, a
328333 person may not act or represent the person as a travel administrator
329334 for travel insurance unless the person is:
330335 (1) a licensed property and casualty insurance agent;
331336 (2) a licensed managing general agent; or
332337 (3) a third-party administrator engaging in the
333338 business of insurance in this state under a certificate of
334339 authority.
335340 (c) A travel administrator and a travel administrator's
336341 employees are exempt from the licensing requirements under Chapter
337342 4101 with respect to travel insurance.
338343 (d) An insurer is responsible for the acts of a travel
339344 administrator administering travel insurance underwritten by the
340345 insurer. The insurer must ensure that the travel administrator
341346 maintains all books and records relevant to the insurer and makes
342347 the books and records available to the department on request of the
343348 commissioner.
344349 Sec. 4055.153. AUTHORITY OF TRAVEL RETAILER. [(a)] A
345350 travel retailer may offer and disseminate travel insurance as a
346351 service to the retailer's customers on behalf of and under the
347352 license and direction of a supervising entity only:
348353 (1) in connection with the sale or arrangement of
349354 transportation, accommodations, or events for travelers; and
350355 (2) with respect to travel insurance [that includes:
351356 [(A) accident and health insurance that provides
352357 coverage to a traveler for accidental death or dismemberment and
353358 for medical expenses resulting from an accident or sickness
354359 involving the traveler that occurs during the planned trip;
355360 [(B) insurance that provides coverage to a
356361 traveler for expenses incurred as a result of trip cancellation or
357362 interruption of a planned trip or event;
358363 [(C) personal effects insurance that provides
359364 coverage to a traveler for loss of or damage to personal effects
360365 during the planned trip or event;
361366 [(D) insurance that provides coverage for damage
362367 to accommodations or rental vehicles; or
363368 [(E) any other coverage the commissioner
364369 approves as meaningful and appropriate in connection with the
365370 transportation or accommodations arranged through a travel
366371 agency].
367372 [(b) Travel insurance does not include major medical
368373 expense coverage for a traveler on a planned trip for six months or
369374 more, including:
370375 [(1) an individual working abroad;
371376 [(2) an expatriate; and
372377 [(3) a military service member on deployment.]
373378 Sec. 4055.154. TRAVEL INSURANCE GENERALLY. (a) A travel
374379 retailer, or the supervising entity, shall provide to a traveler
375380 seeking to purchase travel insurance:
376381 (1) a description of the material terms or the actual
377382 terms of the insurance coverage;
378383 (2) a description of the claims filing process;
379384 (3) a description of the review and cancellation
380385 process for the travel insurance policy; and
381386 (4) the name and contact information for the insurer
382387 and the supervising entity.
383388 (b) Travel insurance coverage may be provided under an
384- individual [policy] or [a] group insurance policy or a blanket
385- travel insurance [master] policy, as defined by Section 3504.0001.
389+ individual, [policy or a] group, or blanket [master] policy as
390+ defined by Section 3504.0001.
386391 SECTION 4. Section 4055.155, Insurance Code, is amended by
387392 amending Subsection (e) and adding Subsections (g-1) and (j) to
388393 read as follows:
389394 (e) The supervising entity must certify in a form prescribed
390395 by the commissioner by rule that each registered travel retailer is
391396 in compliance with 18 U.S.C. Section 1033. The grounds for
392397 suspension or revocation and the penalties that apply to a resident
393398 insurance agent apply to a supervising entity and travel retailer.
394399 (g-1) The supervising entity shall pay all applicable
395400 licensing fees required by state law with respect to travel
396401 insurance.
397402 (j) Any person licensed in a major line of authority, as
398403 determined by the commissioner, as an insurance agent may sell,
399404 solicit, and negotiate travel insurance. A property and casualty
400405 insurance agent is not required to be appointed by an insurer to
401406 sell, solicit, or negotiate travel insurance.
402407 SECTION 5. Subchapter D, Chapter 4055, Insurance Code, is
403408 amended by adding Section 4055.158 to read as follows:
404409 Sec. 4055.158. RULEMAKING. The commissioner shall adopt
405410 rules necessary to implement this subchapter. Section 2001.0045,
406411 Government Code, does not apply to rules adopted under this
407412 section.
408413 SECTION 6. Section 221.002(b), Insurance Code, is amended
409414 to read as follows:
410415 (b) Except as provided by Subsection (c), in determining an
411416 insurer's taxable premium receipts, the insurer shall include the
412417 total gross amounts of premiums, membership fees, assessments,
413418 dues, revenues, and any other considerations for insurance written
414419 by the insurer in a calendar year from any kind of insurance written
415420 by the insurer on each kind of property or risk located in this
416421 state, including:
417422 (1) fire insurance;
418423 (2) ocean marine insurance;
419424 (3) inland marine insurance;
420425 (4) accident insurance;
421426 (5) credit insurance;
422427 (6) livestock insurance;
423428 (7) fidelity insurance;
424429 (8) guaranty insurance;
425430 (9) surety insurance;
426431 (10) casualty insurance;
427432 (11) workers' compensation insurance;
428433 (12) employers' liability insurance;
429434 (13) crop insurance written by a farm mutual insurance
430435 company; [and]
431436 (14) home warranty insurance; and
432437 (15) travel insurance.
433438 SECTION 7. This Act takes effect September 1, 2019.
434- ______________________________ ______________________________
435- President of the Senate Speaker of the House
436- I certify that H.B. No. 2587 was passed by the House on April
437- 18, 2019, by the following vote: Yeas 141, Nays 6, 2 present, not
438- voting; and that the House concurred in Senate amendments to H.B.
439- No. 2587 on May 24, 2019, by the following vote: Yeas 111, Nays 29,
440- 2 present, not voting.
441- ______________________________
442- Chief Clerk of the House
443- I certify that H.B. No. 2587 was passed by the Senate, with
444- amendments, on May 21, 2019, by the following vote: Yeas 30, Nays
445- 1.
446- ______________________________
447- Secretary of the Senate
448- APPROVED: __________________
449- Date
450- __________________
451- Governor
439+ * * * * *