HBA-TBM H.B. 3497 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3497 By: Thompson Insurance 4/1/2001 Introduced BACKGROUND AND PURPOSE Currently, when an individual takes out a loan to buy a home, the lender may require the buyer to purchase title insurance to protect the lender's collateral. The title insurance company (insurer) bases the policy on a survey of the property. Since the cost of a survey can be hundreds of dollars, any rule adopted by the Texas Department of Insurance (TDI) requiring an insurer to base each title insurance policy on a new survey would discriminate against an economically disadvantaged individual. House Bill 3497 prohibits the adoption of a rule or regulation by TDI or a policy by an insurer requiring a new title insurance policy to be based on a new property survey. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 3497 amends the Insurance Code to prohibit a title insurance company (insurer) or a title insurance agent from discriminating in providing title insurance coverage (coverage) as to discrepancies, conflicts, encroachments, location of boundary lines or similar coverage, based on whether a home or other land is located in a platted or unplatted subdivision or based on the race, color, religion, gender, or national origin of the owner. The bill prohibits a rule or regulation relating to coverage from discriminating against economically disadvantaged individuals or requiring other goods or services to be provided or purchased by any person from a third party or affiliate of an insurer. The bill specifies that no rule or regulation may prohibit an insurer from making sound underwriting decisions in order to provide coverage. The bill requires the insurer's underwriting to be based on information or guidelines that the insurer deems reasonable. The bill prohibits an insurer from requiring an indemnity from a seller, buyer, borrower, or lender to provide title insurance coverage. EFFECTIVE DATE September 1, 2001.