By Ellis S.B. No. 1501
75R6898 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain requirements for escrow accounts maintained in
1-3 conjunction with title insurance policies.
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 9.60 to read as follows:
1-7 Art. 9.60. LIMITATION ON BENEFITS RECEIVED FROM FINANCIAL
1-8 INSTITUTIONS. (a) A title insurance company or other person
1-9 regulated under this chapter that maintains in a financial
1-10 institution an escrow account in conjunction with a policy of title
1-11 insurance insuring an owner or mortgagee of real property may not
1-12 accept anything of value from the financial institution, including
1-13 a waiver of service fees or other charges, offered by the financial
1-14 institution as an inducement to maintain the account at that
1-15 institution.
1-16 (b) The commissioner may adopt rules as necessary to
1-17 implement this article.
1-18 (c) In this article, "financial institution" means a state
1-19 or national bank, a state or federal savings and loan association,
1-20 a state or federal savings bank, a state or federal credit union,
1-21 or other bank or analogous institution in which an escrow account
1-22 may be maintained.
1-23 SECTION 2. Article 9.60, Insurance Code, as added by this
1-24 Act, applies only to an escrow account established in conjunction
2-1 with a title insurance policy that is delivered, issued for
2-2 delivery, or renewed on or after January 1, 1998. An account
2-3 maintained in conjunction with a policy that is delivered, issued
2-4 for delivery, or renewed before January 1, 1998, is governed by the
2-5 law as it existed immediately before the effective date of this
2-6 Act, and that law is continued in effect for that purpose.
2-7 SECTION 3. This Act takes effect September 1, 1997.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.