By Harris S.B. No. 1155
Substitute the following for S.B. No. 1155:
By Averitt C.S.S.B. No. 1155
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to business practices in the writing of title insurance.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 9.01, Insurance Code, is amended to read
1-5 as follows:
1-6 Art. 9.01. Short Title and Legislative Purpose and Intent
1-7 A. This Act shall be known and may be cited as the "Texas
1-8 Title Insurance Act."
1-9 B. The Legislature of the State of Texas finds that the
1-10 business of title insurance, both the direct issuance of policies
1-11 and the reinsurance of any assumed risks, of every type, shall in
1-12 all respects be totally regulated by the State of Texas so as to
1-13 provide for the protection of every consumer and purchaser of a
1-14 title insurance policy and to provide for adequate and reasonable
1-15 rates of return for title insurance companies and title insurance
1-16 agents. It is the express legislative intent that this Chapter 9
1-17 accomplish such a result.
1-18 C. In addition to any other licensing requirements under
1-19 this chapter, no license or renewal of license shall be granted to
1-20 any person, firm, association or corporation as a title agent or
1-21 direct operation unless it is found by the Commissioner that such
1-22 person, firm, association, or corporation is, or intends to be,
1-23 actively engaged in the business of title insurance. The
1-24 Commissioner is authorized and required to comprehensively regulate
2-1 the business of title insurance, including the practice of
2-2 rebating, by rulemaking, reporting requirements or otherwise.
2-3 Notwithstanding any other law to the contrary, the Commissioner
2-4 shall adopt rules to implement this chapter.
2-5 SECTION 2. This Act takes effect September 1, 1997.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.