By:  Harris                                           S.B. No. 1155

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to certain business practices in and licenses for the

 1-2     writing of title insurance.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Article 9.37, Insurance Code, is amended by

 1-5     adding Section F to read as follows:

 1-6           F.  After notice and hearing, the commissioner may revoke or

 1-7     suspend a license issued under this chapter if the commissioner

 1-8     finds the existence of any material fact or condition that either

 1-9     did not exist or was not disclosed at the time of the original

1-10     application for the license but was required to be disclosed at

1-11     that time and that, had such fact or condition existed or been

1-12     disclosed at that time, clearly would have warranted refusal to

1-13     issue the license.

1-14           SECTION 2.  Chapter 9, Insurance Code, is amended by adding

1-15     Article 9.36B to read as follows:

1-16           Art. 9.36B.  ADDITIONAL LICENSING REQUIREMENTS.  (a)  A

1-17     person, firm, entity, association, or corporation licensed or

1-18     applying for a license as a title insurance agent or direct

1-19     operation in a county in this state shall provide evidence to the

1-20     department that:

1-21                 (1)  the title insurance agent or direct operation owns

1-22     or leases, in accordance with this chapter, an abstract plant or

1-23     plants for the county or counties in this state for which the title

 2-1     insurance agent or direct operation is licensed and from which the

 2-2     furnished title evidence must be utilized for title examination by

 2-3     the independent, bona fide employees of such title insurance agent

 2-4     or direct operation in connection with any transaction in such

 2-5     county or counties for which such title insurance agent or direct

 2-6     operation receives a portion of the title premium;

 2-7                 (2)  the title insurance agent or direct operation is

 2-8     actually involved in closing the transaction, as defined by the

 2-9     procedural rules, and that such services are performed by

2-10     (i) independent, bona fide employees or officers of the title

2-11     insurance agent or direct operation who are licensed escrow

2-12     officers of the title insurance agent or direct operation; or

2-13     (ii) in a county with a population in excess of 500,000 or adjacent

2-14     county thereto with a population in excess of 100,000, another

2-15     licensed title insurance agent or direct operation pursuant to a

2-16     written agreement; provided, however, that the fee paid for such

2-17     services shall be no less than 40 percent of the total retained

2-18     title premium;

2-19                 (3)  the title insurance agent or direct operation will

2-20     not close or settle real estate transactions for real property

2-21     located in a county in this state other than a county for which the

2-22     title insurance agent or direct operation is licensed, unless the

2-23     title insurance agent or direct operation pays a fee for the

2-24     furnishing of title evidence and title examination to the licensed

2-25     title insurance agents or direct operations from which such other

 3-1     counties' title evidence and title examination is derived of not

 3-2     less than:

 3-3                       (A)  24.5 percent of the total retained premium

 3-4     collected in the settlement for the services, if the county for

 3-5     which the title evidence and title examination is performed has a

 3-6     population of 100,000 or more; and

 3-7                       (B)  36.5 percent of the total retained premium

 3-8     collected in the settlement for the services if the county for

 3-9     which the title evidence and title examination is performed has a

3-10     population of less than 100,000;

3-11                 (4)  except as provided in Subdivision (5) of this

3-12     subsection, the title insurance agent or direct operation will not

3-13     engage in the title examination of furnished title evidence for a

3-14     fee with respect to a county other than a county in which the title

3-15     insurance agent's or direct operation's abstract plant is licensed;

3-16     and

3-17                 (5)  in a county with a population in excess of 500,000

3-18     or county adjacent thereto with a population in excess of 100,000,

3-19     a title insurance agent or direct operation may engage in the title

3-20     examination of furnished title evidence for a fee with respect to a

3-21     county other than the county in which the title insurance agent's

3-22     or direct operation's abstract plant is licensed only so long as

3-23     the fee paid for such service is no more than 20 percent of the

3-24     total retained premium collected in the settlement.

3-25           (b)  This article does not apply to services provided by an

 4-1     attorney in connection with a title examination or closing a

 4-2     transaction if the services are provided in accordance with this

 4-3     chapter and department rules.

 4-4           (c)  A material agreement, as defined by the commissioner,

 4-5     between title insurance companies, between title insurance agents,

 4-6     between direct operations, or between any of these persons, must,

 4-7     for informational purposes, be provided to the commissioner by all

 4-8     parties to the agreement.  A subsequent material agreement, as

 4-9     defined by the commissioner, between such parties must, for

4-10     informational purposes, be provided to the commissioner at the time

4-11     the agreement is executed.

4-12           (d)  This article does not impair any insurance activity

4-13     expressly authorized by federal law.

4-14           (e)  Subject to the provisions of this Act, no person, firm,

4-15     entity, association, or corporation shall be denied a license

4-16     pursuant to the provisions of this Act as a title insurance agent

4-17     or direct operation because all or any portion of the title premium

4-18     is received from the owner or affiliates of the title insurance

4-19     agent or direct operation.

4-20           (f)  The commissioner, in accordance with the provisions of

4-21     this Act, may promulgate rules with respect to the enforcement and

4-22     interpretation of this article, the materiality of agreements, and

4-23     all information to be provided with respect thereto.

4-24           (g)  The only services for which title premiums may be

4-25     divided among licensed title agents, direct operations, and their

 5-1     title companies under this Act are for (i) closing the transaction;

 5-2     (ii) the furnishing of title evidence from a licensed title plant

 5-3     as described in this article; (iii) the title examination of such

 5-4     title evidence; or (iv) the purposes of the division of premium

 5-5     described in Section B(1) of Article 9.30 of this Act.

 5-6           (h)(1)  In addition to any other licensing requirements under

 5-7     this Act, no license or renewal of license shall be granted to any

 5-8     person, firm, association, or corporation as a title agent or

 5-9     direct operation unless it is found by the commissioner that such

5-10     person, firm, association, or corporation is, or intends to be,

5-11     actively engaged in the business of title insurance.

5-12                 (2)  Notwithstanding any other law to the contrary, the

5-13     commissioner shall adopt rules to implement this article.

5-14           SECTION 3.  This Act takes effect September 1, 1997, and

5-15     applies to new applicants who apply for licensing under Chapter 9,

5-16     Insurance Code, as amended by this Act, on or after that date.

5-17     Beginning September 1, 1998, this Act applies to title insurance

5-18     agents and direct operations licensed before the effective date of

5-19     this Act.

5-20           SECTION 4.  The importance of this legislation and the

5-21     crowded condition of the calendars in both houses create an

5-22     emergency and an imperative public necessity that the

5-23     constitutional rule requiring bills to be read on three several

5-24     days in each house be suspended, and this rule is hereby suspended.