reglab/housing_qa huggingface dataset:
TX Ins Code § 2254.003 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2254 - Premium Refund for Certain Personal Lines|Section 2254.003. Refund or Discount Based on Excessive or Unfairly Discriminatory Premium Rates

Sec. 2254.003. REFUND OR DISCOUNT BASED ON EXCESSIVE OR UNFAIRLY DISCRIMINATORY PREMIUM RATES.  (a)  This section applies to a rate for personal automobile insurance or residential property insurance filed on or after the effective date of Chapter 206, Acts of the 78th Legislature, Regular Session, 2003.(b)  Except as provided by Section 2254.004(c), if the commissioner determines that an insurer has charged a rate for personal automobile insurance or residential property insurance that is excessive or unfairly discriminatory, as described by Section 2251.051, the commissioner may:(1)  order the insurer to refund directly to each affected policyholder the portion of the premium, plus interest on that amount, that is excessive or unfairly discriminatory, if that portion of the premium is at least 7.5 percent of the total premium charged for the coverage; or(2)  if that portion of the premium is less than 7.5 percent of the total premium, order the insurer to provide, to each affected policyholder:(A)  who renews the policy, a future premium discount equal to the amount of the excessive or unfairly discriminatory portion of the premium, plus interest on that amount; and(B)  who does not renew or whose coverage is otherwise terminated, a refund in the amount described by Subdivision (1).(c)  The rate for interest assessed under Subsection (b) is the lesser of 18 percent or the sum of six percent and the prime rate for the calendar year in which the commissioner's order finding that the rate is excessive or unfairly discriminatory is issued.  For purposes of this subsection, the prime rate is the prime rate as published in The Wall Street Journal for the first day of the calendar year that is not a Saturday, Sunday, or legal holiday.  The period for the refund and interest begins on the date the department first provides the insurer with formal written notice that the insurer's filed rate is excessive or unfairly discriminatory, and interest continues to accrue until the refund is paid.  An insurer may not be required to pay any interest penalty if the insurer prevails in an appeal of the commissioner's order under Subchapter D, Chapter 36.(d)  An insurer may not claim a premium tax credit to which the insurer is otherwise entitled unless the insurer complies with Subsection (b).|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.Amended by: Acts 2007, 80th Leg., R.S., Ch. 484 (H.B. 2551), Sec. 1, eff. June 16, 2007.Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 3.012, eff. September 1, 2011.|
TX Ins Code § 2254.004 (2021)
2021 Texas Statutes|Insurance Code|Title 10 - Property and Casualty Insurance|Subtitle H - Ratemaking in General|Chapter 2254 - Premium Refund for Certain Personal Lines|Section 2254.004. Rate Hearing by State Office of Administrative Hearings

Sec. 2254.004.  RATE HEARING BY STATE OFFICE OF ADMINISTRATIVE HEARINGS.  (a)  Not later than the 20th day after the date of an order under Section 2254.003, the insurer may request that the State Office of Administrative Hearings conduct a rate hearing to determine whether the rate that is subject to the order is excessive or unfairly discriminatory.(b)  The office of public insurance counsel may participate in and present evidence at the hearing.(c)  After completion of the hearing, the administrative law judge shall:(1)  prepare a proposal for decision under Section 40.058; and(2)  remand the matter to the commissioner recommending that the commissioner affirm the order or that:(A)  the commissioner complete an additional review of the order not later than the 10th day after the date the commissioner receives the proposal;(B)  the parties enter into negotiations; or(C)  the commissioner take within a period specified by the administrative law judge other appropriate action with respect to the order.(d)  The commissioner's action or failure to act on a proposal or recommendation under Subsection (c) is subject to judicial review under Subchapter D, Chapter 36.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.|
TX Ins Code § 2501.001 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle A - General Provisions|Chapter 2501 - General Provisions|Section 2501.001. Short Title

Sec. 2501.001.  SHORT TITLE.  This title may be cited as the Texas Title Insurance Act.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.|
TX Ins Code § 2501.002 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle A - General Provisions|Chapter 2501 - General Provisions|Section 2501.002. Purpose; Legislative Intent

Sec. 2501.002.  PURPOSE;  LEGISLATIVE INTENT.  (a)  The purpose of this title is to completely regulate the business of title insurance on real property and, as described by Subtitle F, on personal property, including the direct issuance of policies and the reinsurance of any assumed risks, to:(1)  protect consumers and purchasers of title insurance policies; and(2)  provide adequate and reasonable rates of return for title insurance companies and title insurance agents.(b)  It is the express legislative intent that this title accomplish the purpose described by Subsection (a).|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 543 (S.B. 1153), Sec. 2, eff. September 1, 2007.|
TX Ins Code § 2501.004 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle A - General Provisions|Chapter 2501 - General Provisions|Section 2501.004. Abstract Plant; Joint Abstract Plant Operation

Sec. 2501.004.  ABSTRACT PLANT;  JOINT ABSTRACT PLANT OPERATION.  (a)  For purposes of this title, the department shall define "abstract plant" and "joint abstract plant operation."(b)  To provide for the safety and protection of policyholders, the department shall require that an abstract plant:(1)  be geographically arranged;(2)  cover a period beginning not later than January 1, 1979, and be kept current; and(3)  be adequate for use in insuring titles, as determined by the department.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1025 (H.B. 4338), Sec. 1, eff. September 1, 2009.|
TX Ins Code § 2501.005 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle A - General Provisions|Chapter 2501 - General Provisions|Section 2501.005. Business of Title Insurance

Sec. 2501.005.  BUSINESS OF TITLE INSURANCE.  (a)  For purposes of this title, a person engages in the business of title insurance if the person:(1)  as insurer, guarantor, or surety, makes or proposes to make a contract or policy of title insurance or its equivalent;(2)  transacts or proposes to transact any phase of title insurance, including:(A)  soliciting;(B)  title examination other than an examination conducted by an attorney;(C)  closing the transaction other than a closing conducted by an attorney;(D)  executing a contract of title insurance;  and(E)  insuring and transacting matters arising out of the contract after the contract is executed, including reinsurance;  or(3)  makes a guaranty or warranty of a title search or a title examination, or any component of a title search or title examination, if the person is not the person who performs the search or examination.(b)  A person engages in the business of title insurance if the person engages in or proposes to engage in any business that is substantially equivalent to the business of title insurance as described by this section, regardless of whether that conduct is performed in a manner designed to evade the provisions of this title.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.|
TX Ins Code § 2501.006 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle A - General Provisions|Chapter 2501 - General Provisions|Section 2501.006. Closing the Transaction

Sec. 2501.006.  CLOSING THE TRANSACTION.  (a)  For purposes of this title, "closing the transaction" describes the investigation that is made:(1)  on behalf of a title insurance company, title insurance agent, or direct operation before the title insurance policy is issued;  and(2)  to determine proper execution, acknowledgment, and delivery of all conveyances, mortgage papers, and other title instruments necessary to consummate a transaction.(b)  Closing the transaction includes a determination that:(1)  all delinquent taxes have been paid;(2)  in the case of an owner title insurance policy, all current taxes, based on the latest available information, have been properly prorated between the purchaser and seller;(3)  the consideration has been passed;(4)  all proceeds have been properly disbursed;(5)  a final search of the title has been made;  and(6)  all necessary papers have been filed for record.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.|
TX Ins Code § 2501.007 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle A - General Provisions|Chapter 2501 - General Provisions|Section 2501.007. References to Title

Sec. 2501.007.  REFERENCES TO TITLE.  In this title, a reference to this title includes a reference to:(1)  Chapter 223;(2)  Chapter 271; and(3)   Subchapter U, Chapter 171, Tax Code.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.077, eff. September 1, 2005.|
TX Ins Code § 2501.008 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle A - General Provisions|Chapter 2501 - General Provisions|Section 2501.008. Third-Party Charges

Sec. 2501.008.  THIRD-PARTY CHARGES.  A title insurance company, title insurance agent, or direct operation may charge, separate from the title insurance premium, actual costs or a reasonable estimate of costs incurred in connection with a closing and settlement, including:(1)  a charge by a third party for an electronic filing fee; or(2)  a fee of a third party for the provision of an ad valorem tax report.|Added by Acts 2009, 81st Leg., R.S., Ch. 1159 (H.B. 3073), Sec. 1, eff. January 1, 2010.|
TX Ins Code § 2501.009 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle A - General Provisions|Chapter 2501 - General Provisions|Section 2501.009. Gifts, Grants, and Donations for Educational Purposes

Sec. 2501.009.  GIFTS, GRANTS, AND DONATIONS FOR EDUCATIONAL PURPOSES.  (a)  The department may accept gifts, grants, and donations to enable employees of the department to participate in educational events, and for other educational purposes, related to title insurance.(b)  The commissioner may adopt rules related to the acceptance of gifts, grants, and donations described in Subsection (a).|Added by Acts 2011, 82nd Leg., R.S., Ch. 1011 (H.B. 2408), Sec. 1, eff. September 1, 2011.|
TX Ins Code § 2553.001 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle B - Organization of Title Insurance Companies|Chapter 2553 - Foreign or Alien Corporations|Section 2553.001. Authority to Engage in Business of Title Insurance

Sec. 2553.001.  AUTHORITY TO ENGAGE IN BUSINESS OF TITLE INSURANCE.  (a)  A corporation organized under the laws of another state may engage in the business of title insurance in this state on exactly the same basis and is subject to the same rules, prices, and supervision as provided for a corporation that is organized under the laws of this state and engaged in the business of title insurance under this title.(b)  To engage in the business of title insurance in this state, a foreign corporation must file with the department:(1)  an application for a permit or certificate of authority;  and(2)  a financial statement demonstrating the condition of the corporation.(c)  The department shall prescribe the form of the application and financial statement.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.|
TX Ins Code § 2553.002 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle B - Organization of Title Insurance Companies|Chapter 2553 - Foreign or Alien Corporations|Section 2553.002. Capital and Surplus Requirements

Sec. 2553.002.  CAPITAL AND SURPLUS REQUIREMENTS.  (a)  A foreign corporation may not engage in the business of title insurance in this state unless the corporation has unimpaired capital in an amount of at least $1 million and a surplus in an amount of at least $1 million.(b)  The foreign corporation must demonstrate the required capital and surplus from its financial statement and any other examination the department may want to conduct.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.|
TX Ins Code § 2553.003 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle B - Organization of Title Insurance Companies|Chapter 2553 - Foreign or Alien Corporations|Section 2553.003. Taxes and Fees

Sec. 2553.003.  TAXES AND FEES.  (a)  A corporation organized and incorporated under the laws of another state, territory, or country for the purpose of engaging in the business of title insurance shall pay the same filing fees and occupation tax as a foreign casualty company is required to pay to obtain a permit to engage in the business of insurance in this state.(b)  A foreign title insurance company described by Subsection (a) is not required to pay a franchise tax.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.|
TX Ins Code § 2601.001 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle C - Financial Solvency|Chapter 2601 - Supervision, Liquidation, Rehabilitation, Reorganization, or Conservation of Title Insurance Companies and Agents|Section 2601.001. Supervision, Liquidation, Rehabilitation, Reorganization, or Conservation of Title Insurance Companies and Agents

Sec. 2601.001.  SUPERVISION, LIQUIDATION, REHABILITATION, REORGANIZATION, OR CONSERVATION OF TITLE INSURANCE COMPANIES AND AGENTS.  Each title insurance agent and title insurance company is subject to Chapters 441 and 443.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2I.003, eff. April 1, 2009.|
TX Ins Code § 2701.001 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle E - The Business of Title Insurance|Chapter 2701 - General Provisions|Section 2701.001. Abstract of Title Distinguished; Prohibition on Regulation of Abstract of Title

Sec. 2701.001.  ABSTRACT OF TITLE DISTINGUISHED;  PROHIBITION ON REGULATION OF ABSTRACT OF TITLE.  (a)  In this section, "commitment for title insurance" means a title insurance form under which a title insurance company offers to issue a title insurance policy subject to stated exceptions, requirements, and terms.  The term includes a mortgagee title policy binder on an interim construction loan.(b)  A commitment for title insurance constitutes a statement of the terms and conditions on which a title insurance company is willing to issue its policy.  A title insurance policy or other title insurance form constitutes a statement of the terms and conditions of the indemnity under the policy or form.(c)  An abstract of title prepared from an abstract plant for a chain of title to real property described in the abstract of title is not title insurance, a commitment for title insurance, or any other title insurance form.  A commitment for title insurance, title insurance policy, or other title insurance form is not an abstract of title.(d)  The commissioner may not adopt rules relating to abstracts of title.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.|
TX Ins Code § 2701.002 (2021)
2021 Texas Statutes|Insurance Code|Title 11 - Title Insurance|Subtitle E - The Business of Title Insurance|Chapter 2701 - General Provisions|Section 2701.002. Construction of Chapter 601, Business & Commerce Code

Sec. 2701.002.  CONSTRUCTION OF CHAPTER 601, BUSINESS & COMMERCE CODE.  Chapter 601, Business & Commerce Code, is a consumer protection law when construed in connection with a title insurance policy issued in this state.|Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.22, eff. April 1, 2009.|
TX Ins Code § 3502.001 (2021)
2021 Texas Statutes|Insurance Code|Title 12 - Other Coverage|Chapter 3502 - Mortgage Guaranty Insurance|Subchapter A. General Provisions|Section 3502.001. Applicability of Chapter

Sec. 3502.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to mortgage guaranty insurance and does not affect any other provision of this code.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 3, eff. April 1, 2007.|
TX Ins Code § 3502.002 (2021)
2021 Texas Statutes|Insurance Code|Title 12 - Other Coverage|Chapter 3502 - Mortgage Guaranty Insurance|Subchapter A. General Provisions|Section 3502.002. Applicability of Other Law

Sec. 3502.002.  APPLICABILITY OF OTHER LAW.  (a)  This code and other state laws apply to the business of mortgage guaranty insurance.(b)  This chapter controls to the extent of any conflict with another provision of this code or other state law.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 3, eff. April 1, 2007.|
TX Ins Code § 3502.003 (2021)
2021 Texas Statutes|Insurance Code|Title 12 - Other Coverage|Chapter 3502 - Mortgage Guaranty Insurance|Subchapter A. General Provisions|Section 3502.003. Mortgage Guaranty Insurance Defined

Sec. 3502.003.  MORTGAGE GUARANTY INSURANCE DEFINED.  In this chapter, "mortgage guaranty insurance" means insurance against:(1)  financial loss because of nonpayment of principal, interest, and other amounts agreed to be paid under the terms of a note, bond, or other evidence of indebtedness that is secured by an authorized real estate security, provided the improvement on the real estate is:(A)  one or more residential buildings designed to be occupied by not more than four families;(B)  a condominium unit; or(C)  one or more buildings designed to be occupied by five or more families or for industrial or commercial purposes; or(2)  financial loss because of nonpayment of rent and other amounts agreed to be paid under the terms of a written lease for the possession, use, or occupancy of real estate, provided the improvement on the real estate is one or more buildings designed to be occupied for industrial or commercial purposes.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 3, eff. April 1, 2007.|
TX Ins Code § 3502.004 (2021)
2021 Texas Statutes|Insurance Code|Title 12 - Other Coverage|Chapter 3502 - Mortgage Guaranty Insurance|Subchapter A. General Provisions|Section 3502.004. Authorized Real Estate Security Defined

Sec. 3502.004.  AUTHORIZED REAL ESTATE SECURITY DEFINED.  (a)  In this chapter, "authorized real estate security" means:(1)  a proprietary lease and a stock membership certificate issued to a tenant stockholder or resident member of a fee simple cooperative housing corporation as defined in Section 216, Internal Revenue Code of 1986; or(2)  a mortgage, deed of trust, wraparound mortgage, or other instrument that constitutes a first lien or charge on real estate or is considered to be the equivalent of a first lien or charge on real estate by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Finance Board, a successor of one of those entities, an agency of this state, or a federal agency, provided:(A)  the improvement on the real estate is a building or buildings designed to be occupied as specified by Section 3502.003(1); and(B)  the real estate loan is a type of loan that is:(i)  authorized to be made by a bank, savings and loan association, credit union, or insurer that is supervised and regulated by a department of this state or a federal agency;(ii)  authorized to be made by a mortgage banker that is an approved seller-servicer of the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or a successor of one of those entities; or(iii)  approved by the federal secretary of housing and urban development for participation in a mortgage insurance program.(b)  The lien on real estate described by Subsection (a)(2) may be subject and subordinate to:(1)  the lien of a public bond, assessment, or tax if there is not a delinquent installment, call, or payment of or under the bond, assessment, or tax;(2)  an outstanding mineral, oil, or timber right, right-of-way, easement or right-of-way support, sewer right, building restriction, other restriction or covenant, or other condition or regulation of use; or(3)  an outstanding lease on the real estate under which rents or profits are reserved to the owner.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 3, eff. April 1, 2007.|
TX Ins Code § 3502.051 (2021)
2021 Texas Statutes|Insurance Code|Title 12 - Other Coverage|Chapter 3502 - Mortgage Guaranty Insurance|Subchapter B. Mortgage Guaranty Insurers|Section 3502.051. General Eligibility to Write Mortgage Guaranty Insurance

Sec. 3502.051.  GENERAL ELIGIBILITY TO WRITE MORTGAGE GUARANTY INSURANCE.  (a)  An insurer that writes anywhere any class of insurance other than mortgage guaranty insurance may not be issued or continue to hold a certificate of authority to write mortgage guaranty insurance in this state.(b)  A mortgage guaranty insurer that writes anywhere the class of mortgage guaranty insurance described by Section 3502.003(1)(C) or (2) may not be issued or continue to hold a certificate of authority to write in this state the class of mortgage guaranty insurance described by Section 3502.003(1)(A) or (B).|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 3, eff. April 1, 2007.|
TX Ins Code § 3502.052 (2021)
2021 Texas Statutes|Insurance Code|Title 12 - Other Coverage|Chapter 3502 - Mortgage Guaranty Insurance|Subchapter B. Mortgage Guaranty Insurers|Section 3502.052. Eligibility of Foreign or Alien Insurer to Write Mortgage Guaranty Insurance

Sec. 3502.052.  ELIGIBILITY OF FOREIGN OR ALIEN INSURER TO WRITE MORTGAGE GUARANTY INSURANCE.  The department may not issue a certificate of authority to a foreign or alien insurer writing mortgage guaranty insurance unless the insurer demonstrates a satisfactory operating experience in the insurer's state of domicile.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 3, eff. April 1, 2007.|
TX Ins Code § 3502.053 (2021)
2021 Texas Statutes|Insurance Code|Title 12 - Other Coverage|Chapter 3502 - Mortgage Guaranty Insurance|Subchapter B. Mortgage Guaranty Insurers|Section 3502.053. Discrimination Prohibited

Sec. 3502.053.  DISCRIMINATION PROHIBITED.  In extending or issuing mortgage guaranty insurance, a mortgage guaranty insurer may not discriminate on the basis of the applicant's sex, marital status, race, color, creed, national origin, disability, or age or solely on the basis of the geographic location of the property to be insured unless:(1)  the discrimination related to geographic location is for a business purpose that is not a mere pretext for unfair discrimination; or(2)  the refusal, cancellation, or limitation of the insurance is required by law or regulatory mandate.|Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 3, eff. April 1, 2007.|