Texas § OC.1304.002 - DEFINITIONS

§ OC.1304.002. DEFINITIONS

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 for the third-party administration of a service contract. (2) "Commission" means the Texas Commission of Licensing and Regulation. (3) Repealed by Acts 2003, 78th Leg., ch. 816, Sec. 13.010(1); Acts 2003, 78th Leg., ch. 1276, Sec. 14A.337(a). (4) "Consumer" means an individual who, for a purpose other than resale, buys tangible personal property that is: (A) distributed in commerce; and (B) normally used for personal, family, or household purposes and not for business or research purposes. (5) "Department" means the Texas Department of Licensing and Regulation. (5-a) "Executive director" means the executive director of the department. (6) "Person" means an individual or an association, company, corporation, partnership, or other group. (7) "Provider" means a person who is contractually obligated to a service contract holder under the terms of a service contract. (8) "Reimbursement insurance policy" means a policy of insurance issued to a provider to: (A) reimburse the provider under a service contract the provider issued or sold; or (B) pay on behalf of the provider all covered contractual obligations that are incurred by the provider under a service contract the provider issued or sold and that the provider does not perform. (8-a) "Seller" means a person, other than the provider or administrator of a service contract, who markets, sells, offers to sell, negotiates, or issues a service contract to a consumer on behalf of a provider, but who is not contractually obligated to a service contract holder under the terms of a service contract. (9) "Service contract holder" means a person who purchases or otherwise holds a service contract. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 13.001, 13.010(1), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.337(a), (b), eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 63 (H.B. 1286 ), Sec. 2, eff. January 1, 2006. Acts 2011, 82nd Leg., R.S., Ch. 1081 (S.B. 1169 ), Sec. 1.01, eff. September 1, 2011.