By Lucio S.B. No. 459
74R3420 PB-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to dedicating interest earned on trust accounts of title
1-3 insurance companies to the housing trust fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 9, Insurance Code, is amended by adding
1-6 Article 9.45A to read as follows:
1-7 Art. 9.45A. INTEREST EARNED ON TRUST ACCOUNTS DEDICATED TO
1-8 HOUSING TRUST FUND. (a) Each title insurance company, title
1-9 insurance agent, direct operation, or escrow officer controlling
1-10 escrow funds shall maintain a pooled interest-bearing trust account
1-11 in a financial institution for the deposit of escrow funds.
1-12 (b) Except as provided by Subsection (e) of this article,
1-13 the deposit agreement for each trust account must provide that the
1-14 financial institution:
1-15 (1) pay at least quarterly to the state treasurer
1-16 interest earned on the account at a rate of interest not less than
1-17 the financial institution's highest current passbook savings
1-18 account rate, less reasonable service charges computed in
1-19 accordance with the financial institution's standard accounting
1-20 practice;
1-21 (2) send a quarterly statement to the state treasurer
1-22 showing the name of the title insurance company, title insurance
1-23 agent, direct operation, or escrow officer for whom the payment is
1-24 made, the rate of interest applied, the amount of service charges
2-1 deducted, and the account balance for the period for which the
2-2 report is made; and
2-3 (3) is not allowed a right of set-off against money
2-4 owed it by the title insurance company, title insurance agent,
2-5 direct operation, or escrow officer.
2-6 (c) The state treasurer shall credit amounts collected under
2-7 this article to the housing trust fund established under Subchapter
2-8 I, Chapter 2306, Government Code.
2-9 (d) This article does not require a financial institution to
2-10 perform administrative functions or assume responsibilities or
2-11 obligations in connection with a trust account except as provided
2-12 by this article.
2-13 (e) This article does not prevent a title insurance company,
2-14 title insurance agent, direct operation, or escrow officer from
2-15 depositing funds of a principal, client, or other person in a
2-16 separate interest-bearing account established on behalf of and for
2-17 the benefit of the principal, client, or person if a written
2-18 agreement between the title insurance company, title insurance
2-19 agent, direct operation, or escrow officer and the party depositing
2-20 the funds expressly provides for a separate account not subject to
2-21 this article and for interest earned on the account to be paid as
2-22 provided by that agreement.
2-23 SECTION 2. This Act takes effect September 1, 1995.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.