Sec. 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 of each unique form of service contract sold;
(2) the name and address of each service contract holder who provided the holder's name and address;
(3) a list of each location at which the provider's service contracts are marketed, sold, or offered for sale; and
(4) written claims files that contain at least the date and a description of each claim related to the service contracts.
(b) The records required by this section may be maintained in an electronic medium or through other recordkeeping technology. If a record is not in a hard copy, the provider must be able to reformat the record into a legible hard copy at the request of the executive director.
(c) Except as provided by Subsection (d), a provider shall retain the records required by this section until at least the first anniversary of the expiration date of the specified period of coverage under the service contract.
(d) A provider that discontinues business in this state shall retain its records until the provider furnishes the executive director with proof satisfactory to the executive director that the provider has discharged all obligations to service contract holders in this state.
(e) An administrator appointed to maintain the provider's records is responsible for compliance with this section to the same extent as the provider.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 3, eff. June 1, 2003. Amended by Acts 2003, 78th Leg., ch. 816, Sec. 26.042, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.346, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 63 (H.B. 1286), Sec. 11, eff. January 1, 2006.
Structure Texas Statutes
Title 8 - Regulation of Environmental and Industrial Trades
Chapter 1304 - Service Contract Providers and Administrators
Subchapter D. Practice by Service Contract Providers,
Section 1304.151. Financial Security Requirements; Distribution of Funds Held in Trust
Section 1304.152. Reimbursement Insurance Policy
Section 1304.1521. Financial Security Transition
Section 1304.153. Appointment and Responsibilities of Administrator
Section 1304.1531. Service Contract Sellers; Responsibilities
Section 1304.154. Provider Requirements
Section 1304.155. Provider Records
Section 1304.156. Form of Service Contract and Required Disclosures
Section 1304.157. Residential Service Contracts
Section 1304.1581. Cancellation by Service Contract Holder; Refund
Section 1304.159. Cancellation by Provider; Refund