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.