SRC-AXB S.B. 92 76(R)BILL ANALYSIS


Senate Research CenterS.B. 92
By: Harris
Economic Development
6/22/1999
Enrolled


DIGEST 

Currently, the surrender or forfeiture of a title insurance, direct
operation, or escrow officer license before a disciplinary action allows
the license holder to avoid penalties that might be applied.  This bill
allows the Commissioner of Insurance to institute disciplinary proceedings
against certain culpable former license holders for conduct of the license
holder committed prior to surrender or forfeiture of the license. 

PURPOSE

As  enrolled, S.B. 92 allows disciplinary proceedings against a title
insurance agent, direct operation, escrow officer, or title attorney for
conduct retrospective of voluntary surrender or automatic forfeiture of
their licenses. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 9.37, Insurance Code, by adding Section F, as
follows: 

F.  Provides that a title insurance agent or direct operation is culpable
for conduct committed before the surrender or forfeiture of their licenses.
Authorizes the Commissioner of Insurance of the State of Texas
(commissioner) to institute a disciplinary proceeding against the license
holder for conduct committed before the effective date of surrender or
forfeiture. 

SECTION 2.  Amends Article 9.44, Insurance Code, by adding Section 6 as
follows: 
 
Sec. 6.  Provides that an escrow officer is culpable for conduct committed
before the surrender or forfeiture of the officer's license. 

SECTION 3.  Amends Section 8, Article 9.56, Insurance Code, by amending
Subsection (a) and adding Subsection (f), to provide that a title attorney
is culpable for conduct committed before the surrender or forfeiture of the
attorney's license.  Deletes text regarding the surrender and revocation of
a title attorney's license.  Makes nonsubstantive changes. 

SECTION 4.  Repealer:  Articles 9.51 and 9.52, Insurance Code (Title
Insurance Agents Right to Surrender License and Escrow Officer's Right to
Surrender License). 

SECTION 5.  Effective date:  September 1, 1999.

SECTION 6.  Emergency clause.