By Pitts                                        H.B. No. 2609
      75R8698 DLF-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the certain business practices in the writing of title
 1-3     insurance.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section B, Article 9.30, Insurance Code, is
 1-6     amended to read as follows:
 1-7           B.  Subject to Article 9.30A of this code, this [This]
 1-8     Article may not be construed as prohibiting:
 1-9           (1)  a foreign or domestic title insurance company doing
1-10     business in this state under this Chapter, from appointing as its
1-11     title insurance agent pursuant to this Chapter a person owning or
1-12     leasing and operating an abstract plant of such county and making
1-13     the arrangement for division of premiums with the agent as shall be
1-14     set by the commissioner;
1-15           (2)  payments for services actually performed by a title
1-16     insurance company, a title insurance agent, or a direct operation,
1-17     in connection with closing the transaction, furnishing of title
1-18     evidence, or title examination, which payment may not exceed the
1-19     percentages of the premium or amounts established by the
1-20     commissioner for those payments;  or
1-21           (3)  payment of bona fide compensation to a bona fide
1-22     employee principally employed by a title insurance company, direct
1-23     operation, title insurance agent, or other reasonable payment for
1-24     goods or facilities actually furnished and received;  or
 2-1           (4)  payments for services actually performed by an attorney
 2-2     in connection with title examination or closing a transaction,
 2-3     which payment may not exceed a reasonable charge for such services.
 2-4           (5)  Nothing in this article shall affect the division of
 2-5     premium between a title insurance company and its subsidiary title
 2-6     insurance agent when the title insurance company directly issues
 2-7     its policy or contract of title insurance pursuant to Article 9.34.
 2-8     For purposes of this provision, a subsidiary is a company at least
 2-9     50 percent of the voting stock of which is owned by the title
2-10     insurance company or by a wholly owned subsidiary of the title
2-11     insurance company.
2-12           (6)  legal promotional and educational activities that are
2-13     not conditioned on the referral of title insurance business.
2-14           SECTION 2.  Chapter 9, Insurance Code, is amended by adding
2-15     Article 9.30A to read as follows:
2-16           Art. 9.30-A.  ACTIVE SOLICITATION OF TITLE INSURANCE
2-17     REQUIRED.  (a)  It is the intent of this article to:
2-18                 (1)  prohibit coercion of insurance and preserve a
2-19     person's right to choose an agent or insurance company; and
2-20                 (2)  prohibit the licensing of an agent to engage in
2-21     the title insurance business principally to handle business that
2-22     the agent controls only through ownership, mortgage, sale, family
2-23     relationship, or employment.
2-24           (b)  A person, firm, association or corporation may not be
2-25     licensed as a title insurance agent under Article 9.36 of this code
2-26     unless the commissioner finds that the person, firm, association,
2-27     or corporation is or intends to be actively engaged in the
 3-1     soliciting or writing of title insurance for the public generally.
 3-2           (c)  An applicant who is making an original application for
 3-3     license as a title insurance agent must demonstrate to the
 3-4     commissioner that the applicant has a bona fide intention to engage
 3-5     in business in which, in any calendar year, at least 50 percent of
 3-6     the total volume of premiums is derived from:
 3-7                 (1)  persons or organizations other than the applicant;
 3-8     and
 3-9                 (2)  property other than property with respect to which
3-10     the applicant controls the placing of insurance through ownership,
3-11     mortgage, sale, family relationship, or employment.
3-12           (d)  This article does not prohibit a title insurance agent
3-13     from writing title insurance with respect to property that the
3-14     agent owns or in which the agent has an interest.
3-15           SECTION 3.  This Act takes effect September 1, 1997.
3-16           SECTION 4.  The importance of this legislation and the
3-17     crowded condition of the calendars in both houses create an
3-18     emergency and an imperative public necessity that the
3-19     constitutional rule requiring bills to be read on three several
3-20     days in each house be suspended, and this rule is hereby suspended.