Sec. 394.206. BOND; INSURANCE. (a) A provider shall, at the time the provider files an initial or renewal registration application with the commissioner, file:
(1) a surety bond; or
(2) evidence that the provider maintains an insurance policy in a form approved by the commissioner.
(b) The bond or insurance must:
(1) run concurrently with the period of registration;
(2) be available to pay damages and penalties to consumers directly harmed by a violation of this subchapter;
(3) be in favor of this state for the use of this state and the use of a person who has a cause of action under this subchapter against the provider;
(4) if a bond:
(A) be in an amount equal to the average daily balance of the provider's trust account serving Texas consumers over the six-month period preceding the issuance of the bond, or in the case of an initial application, in an amount determined by the commissioner, but not less than $25,000 or more than $100,000, if the provider receives and holds money paid by or on behalf of a consumer for disbursement to the consumer's creditors; or
(B) be in the amount of $50,000, if the provider does not receive and hold money paid by or on behalf of a consumer for disbursement to the consumer's creditors;
(5) if an insurance policy:
(A) provide coverage for professional liability, employee dishonesty, depositor's forgery, and computer fraud in an amount not less than $100,000;
(B) be issued by a company rated at least "A-" or its equivalent by a nationally recognized rating organization; and
(C) provide for 30 days advance written notice of termination of the policy to be provided to the commissioner;
(6) be issued by a bonding, surety, or insurance company that is authorized to do business in the state; and
(7) be conditioned on the provider and its agents complying with all state and federal laws, including regulations, governing the business of debt management services.
(c) In lieu of a bond or insurance, the finance commission by rule may establish alternative financial requirements to provide substantially equivalent protection to pay damages and penalties to consumers directly harmed by a violation under this subchapter.
(d) The commissioner may adjust the amount of the provider's bond or insurance only when the provider applies for renewal of registration and requests a review of the bond or insurance amount.
Added by Acts 2005, 79th Leg., Ch. 336 (S.B. 1112), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 368 (S.B. 141), Sec. 3, eff. September 1, 2011.
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