Texas Occupations Code Title 8, Chapter 1304 - Service Contract Providers And Administrators
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 1304.001 - Short Title
This chapter may be cited as the Service Contract Regulatory Act. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003.
- Texas Section 1304.002 - Definitions
In this chapter: (1) "Administrator" means a person, other than the provider of the service contract or an employee of the provider, who is responsible...
- Texas Section 1304.003 - Service Contract
(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...
- Texas Section 1304.0035 - Controlling Person
(a) In this chapter, "controlling person" means an individual who: (1) possesses direct or indirect control of at least 25 percent of the voting securities...
- Texas Section 1304.004 - Exemptions
(a) In this section: (1) "Maintenance agreement" means an agreement that provides only for scheduled maintenance for a limited period. (2) "Warranty" means an undertaking...
SUBCHAPTER B POWERS AND DUTIES OF DEPARTMENT
- Texas Section 1304.005 - Exemptions From Certain Other Laws
Marketing, selling, offering for sale, issuing, making, proposing to make, and administering a service contract are exempt from: (1) Chapter 1303; (2) Chapter 722, Transportation...
- Texas Section 1304.052 - Rules
The commission shall adopt rules necessary to implement and administer this chapter. Added by Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169), Sec. 1.02,...
SUBCHAPTER C REGISTRATION REQUIREMENTS
- Texas Section 1304.051 - General Investigative Power Of Executive Director
(a) The executive director may investigate a provider, administrator, seller, or other person as necessary to enforce this chapter and protect service contract holders in...
- Texas Section 1304.101 - Registration Required; Exemption From Other Licensing Requirements
(a) A person may not operate as a provider or administrator of service contracts sold or issued in this state unless the person is registered...
- Texas Section 1304.102 - Application For Registration Or Renewal; General Requirements
(a) An applicant for registration or registration renewal must submit an application to the executive director. (b) The application must: (1) be in the form...
- Texas Section 1304.1025 - Additional Registration And Renewal Requirements For Providers
(a) In addition to the requirements of Section 1304.102, an applicant for issuance or renewal of a provider registration must file with the application: (1)...
- Texas Section 1304.103 - Registration And Renewal Fees
(a) The executive director shall develop a tiered schedule of registration and renewal fees under which a provider's fee is based on the number of...
- Texas Section 1304.1035 - Identity Recovery Service Contract Report; Fee
Not later than the 30th day after the date each calendar quarter ends, a provider must report to the department the number of service contracts...
- Texas Section 1304.104 - Information Concerning Number Of Service Contracts Sold Or Issued
Information concerning the number of service contracts sold or issued by a provider that is submitted under Section 1304.103 or 1304.1035 is a trade secret...
SUBCHAPTER D PRACTICE BY SERVICE CONTRACT PROVIDERS,
- Texas Section 1304.105 - Renewal
The commission shall adopt rules regarding the renewal of a registration issued under this chapter. Added by Acts 2003, 78th Leg., ch. 816, Sec. 13.007,...
- Texas Section 1304.151 - Financial Security Requirements; Distribution Of Funds Held In Trust
(a) To ensure the faithful performance of a provider's obligations to its service contract holders, each provider must: (1) insure the provider's service contracts under...
- Texas Section 1304.152 - Reimbursement Insurance Policy
(a) A reimbursement insurance policy that a provider uses to comply with Sections 1304.1025 and 1304.151(a)(1) must state that: (1) the insurer that issued the...
- Texas Section 1304.1521 - Financial Security Transition
(a) In this section, "provider that maintained a funded reserve account" means a provider that, in order to ensure the faithful performance of the provider's...
- Texas Section 1304.153 - Appointment And Responsibilities Of Administrator
(a) A provider may appoint an administrator registered under this chapter to be responsible for: (1) all or any part of the administration or sale...
- Texas Section 1304.1531 - Service Contract Sellers; Responsibilities
(a) A provider may employ or contract with a seller to be responsible for: (1) all or any part of the sale or marketing of...
- Texas Section 1304.154 - Provider Requirements
A provider may not sell, offer for sale, or issue a service contract in this state unless the provider gives the service contract holder: (1)...
- Texas Section 1304.155 - Provider Records
(a) A provider shall maintain accurate accounts, books, and other records regarding transactions regulated under this chapter. The provider's records must include: (1) a copy...
- Texas Section 1304.156 - Form Of Service Contract And Required Disclosures
(a) A service contract marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state must: (1) be written, printed,...
- Texas Section 1304.1581 - Cancellation By Service Contract Holder; Refund
(a) A service contract must allow the service contract holder to cancel the service contract at any time. (b) If a service contract holder cancels...
- Texas Section 1304.159 - Cancellation By Provider; Refund
(a) A provider may cancel a service contract by mailing a written notice of cancellation to the service contract holder at the service contract holder's...
- Texas Section 1304.160 - Limitations On Provider Name
(a) A provider may not use a name that: (1) includes "insurance," "casualty," "surety," or "mutual" or any other word descriptive of the insurance, casualty,...
SUBCHAPTER E DISCIPLINARY ACTION
- Texas Section 1304.161 - Prohibited Acts
(a) A provider, administrator, seller, or other representative of the provider may not, in the provider's service contracts or literature or in any written communication:...
- Texas Section 1304.201 - Disciplinary Action
On a finding that a ground for disciplinary action exists under this chapter, the commission or executive director may impose an administrative sanction or administrative...
- Texas Section 1304.202 - Injunctive Relief; Civil Penalty
(a) The executive director may institute an action under Section 51.352 for injunctive relief to restrain a violation or a threatened violation of this chapter...
- Texas Section 1304.203 - Multiple Violations
For purposes of this subchapter, violations are of a similar nature if the violations consist of the same or a similar course of conduct, action,...
- Texas Section 1304.204 - Administrative Procedure
Sections 51.305, 51.310, and 51.354 apply to disciplinary action taken under this chapter. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June...
- Texas Section 1304.205 - Remedy For Service Contract Holders
(a) If the commission by order, including an agreed order, determines that a person has operated as a provider or administrator in this state without...
Last modified: September 28, 2016