reglab/statecodes huggingface dataset:
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle D - Title Insurance Professionals › Chapter 2652 - Escrow Officers › Subchapter E. License Denial and Disciplinary Action › Section 2652.2015. Prohibited Grounds for Delay or Denial

Sec. 2652.2015.  PROHIBITED GROUNDS FOR DELAY OR DENIAL.  (a)  Except as provided by Subsection (b) or (c), the department may not delay or deny a license application or a license renewal based wholly or partly on a department audit or complaint investigation of, or disciplinary or enforcement action against, a license holder or applicant that is pending and has not been finally closed or resolved by a final order issued by the commissioner on or before the date on which the initial or renewal application is complete.
(b)  The department may delay a license application or license renewal if:
(1)  the applicant or license holder is the subject of a criminal investigation or prosecution; or
(2)  the deputy commissioner of the title division of the department makes a good faith determination that there is a credible suspicion that there are ongoing or continuing acts of fraud by the applicant or license holder.
(c)  The department may deny a license application or license renewal if the department determines that the applicant or license holder intentionally made a material misstatement in the license application or license renewal or the applicant or license holder attempted to obtain the license or renewal by fraud or misrepresentation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1011 (H.B. 2408), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle D - Title Insurance Professionals › Chapter 2652 - Escrow Officers › Subchapter E. License Denial and Disciplinary Action › Section 2652.202. License Application After Denial, Refusal, or Revocation

Sec. 2652.202.  LICENSE APPLICATION AFTER DENIAL, REFUSAL, OR REVOCATION.  (a)  An applicant whose license application has been denied or refused or a license holder whose license has been revoked under this subchapter may not file another application for a license as an escrow officer before the first anniversary of:
(1)  the effective date of the denial, refusal, or revocation;  or
(2)  the date of a final court order affirming the denial, refusal, or revocation if judicial review is sought.
(b)  A license application filed after the time required by this section may be denied by the department unless the applicant shows good cause why the denial, refusal, or revocation should not be a bar to the issuance of a license.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle D - Title Insurance Professionals › Chapter 2652 - Escrow Officers › Subchapter E. License Denial and Disciplinary Action › Section 2652.203. Notice of Disciplinary or Enforcement Action; Automatic Dismissal

Sec. 2652.203.  NOTICE OF DISCIPLINARY OR ENFORCEMENT ACTION; AUTOMATIC DISMISSAL.  (a)  The department shall notify a license holder of a disciplinary action or enforcement action against the license holder not later than the 30th business day after the date the department assigns a file number to the action, except that this subsection does not apply to a file or action:
(1)  that is the subject of a pending criminal investigation or prosecution; or
(2)  about which the department makes a good faith determination that there is a credible suspicion that there are ongoing or continuing acts of fraud by a person who is the subject of the action.
(b)  A notice required by Subsection (a) must provide a license holder fair notice of the alleged facts known by the department on the date of the notice that constitute grounds for the action.
(c)  A disciplinary or enforcement action is automatically dismissed with prejudice, unless the department serves a notice of hearing on the license holder not later than the 60th business day after the date the department receives a hearing request from the license holder.
(d)  The department may provide information about an enforcement action, including a copy of a notice issued under this section, to each title insurance agent or direct operation with which an escrow officer has, or proposes to obtain, an appointment under Section 2652.1511.
(e)  Except as prohibited by Chapter 552, Government Code, or any other law, on the date an enforcement action against an escrow officer becomes final, the department shall provide information about the action, including a copy of a commissioner's order or department warning issued under this section, to each title insurance agent or direct operation for which the escrow officer holds appointment under Section 2652.1511.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1011 (H.B. 2408), Sec. 7, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 232 (H.B. 2491), Sec. 10, eff. September 1, 2015.
2023 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.
2023 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.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2702 - Closing and Settlement › Subchapter A. Insured Closing and Settlement Letters › Section 2702.001. Insured Closing and Settlement Letter: Loans

Sec. 2702.001.  INSURED CLOSING AND SETTLEMENT LETTER:  LOANS.  (a)  On request, a title insurance company may issue insured closing and settlement letters in connection with the closing and settlement by a title insurance agent or direct operation of loans relating to real property located in this state.
(b)  Insured closing and settlement letters must be issued in the form prescribed by the commissioner.
(c)  A title insurance company may not impose a charge for issuing insured closing and settlement letters under this section.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2702 - Closing and Settlement › Subchapter A. Insured Closing and Settlement Letters › Section 2702.002. Insured Closing and Settlement Letter: Certain Buyers or Sellers

Sec. 2702.002.  INSURED CLOSING AND SETTLEMENT LETTER:  CERTAIN BUYERS OR SELLERS.  (a)  On written request, a title insurance company may issue to the buyer or seller of real property located in this state, the sales price of which exceeds the maximum covered claim specified by Chapter 2602, an insured closing and settlement letter in connection with the closing and settlement of the transaction by a title insurance agent or direct operation.  Only the title insurance company that is to issue an owner title insurance policy in connection with the transaction may issue the insured closing and settlement letter.
(b)  An insured closing and settlement letter must be issued:
(1)  at or before closing;  and
(2)  in the form and manner prescribed by the commissioner.
(c)  The commissioner may adopt a charge for the issuance of an insured closing and settlement letter under this section and prescribe the form and manner in which the charge must be made.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2702 - Closing and Settlement › Subchapter A. Insured Closing and Settlement Letters › Section 2702.003. Effect of Failure to Issue Insured Closing and Settlement Letter

Sec. 2702.003.  EFFECT OF FAILURE TO ISSUE INSURED CLOSING AND SETTLEMENT LETTER.  The failure of a title insurance company to issue an insured closing and settlement letter does not affect the company's liability under an issued title insurance policy.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2702 - Closing and Settlement › Subchapter B. Uniform Closing and Settlement Statements › Section 2702.051. Applicability

Sec. 2702.051.  APPLICABILITY.  This subchapter does not apply to the closing or settlement of:
(1)  a residential real property transaction regulated by the Real Estate Settlement Procedures Act of 1974 (Pub.  L. No. 93-533);  or
(2)  a real property transaction if the closing or settlement is not actually handled by:
(A)  a title insurance company, a title insurance agent, or an attorney for a title insurance company or title insurance agent;  or
(B)  a representative of a title insurance company, a title insurance agent, or an attorney for a title insurance company or title insurance agent.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2702 - Closing and Settlement › Subchapter B. Uniform Closing and Settlement Statements › Section 2702.052. Duty to Prescribe Uniform Closing and Settlement Statement Forms

Sec. 2702.052.  DUTY TO PRESCRIBE UNIFORM CLOSING AND SETTLEMENT STATEMENT FORMS.  (a)  The department, after notice and hearing, shall prescribe uniform closing and settlement statement forms to be used in connection with the closing and settlement of a transaction involving:
(1)  the conveyance or mortgage of real property;  and
(2)  the issuance of a title insurance policy by a title insurance company or title insurance agent.
(b)  The department may prescribe separate forms under this section for transactions involving improved residential real property and for all other real property transactions.
(c)  The department shall design the forms under this section to enable each party to the transaction to be provided with a dual or separate form identifying only the charges made to that party.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2702 - Closing and Settlement › Subchapter B. Uniform Closing and Settlement Statements › Section 2702.053. Content of Closing and Settlement Statement

Sec. 2702.053.  CONTENT OF CLOSING AND SETTLEMENT STATEMENT.  (a)  Each closing and settlement statement provided to a party to a transaction described by Section 2702.052(a) must state the name of any person receiving any amount from that party.
(b)  Notwithstanding Subsection (a), the title insurance company or title insurance agent is required to include in the closing and settlement statement only those items of disbursement that are actually disbursed by the company or agent.
(c)  If an attorney, other than a full-time employee of the title insurance company or title insurance agent, examines a title or provides any closing or settlement services, the closing and settlement statement must include:
(1)  the amount of the fee for the services, shown as included in the premium;  and
(2)  the name of the attorney or, if applicable, the name of the firm to which the fee was paid.
(d)  The closing and settlement statement must conspicuously and clearly itemize the charges imposed on the party in connection with the closing and settlement.
(e)  If a charge for title insurance is made to the party, the closing and settlement statement must state whether the title insurance premium included in the charge covers the mortgagee's interest in the real property, the borrower's interest, or both.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2702 - Closing and Settlement › Subchapter B. Uniform Closing and Settlement Statements › Section 2702.054. Use of Alternate Settlement Statement Form Permitted

Sec. 2702.054.  USE OF ALTERNATE SETTLEMENT STATEMENT FORM PERMITTED.  A title insurance company or title insurance agent may use the uniform settlement statement form prepared under the Real Estate Settlement Procedures Act of 1974 (Pub.  L. No. 93-533) instead of the uniform closing and settlement statement form prescribed by the department under this subchapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2702 - Closing and Settlement › Subchapter C. Advance Disclosure of Closing and Settlement Costs in Transactions Involving Residential Real Property › Section 2702.101. Applicability

Sec. 2702.101.  APPLICABILITY.  This subchapter does not apply to the closing or settlement of a real property transaction if the closing or settlement is not actually handled by:
(1)  a title insurance company, a title insurance agent, or an attorney for a title insurance company or title insurance agent;  or
(2)  a representative of a title insurance company, a title insurance agent, or an attorney for a title insurance company or title insurance agent.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2702 - Closing and Settlement › Subchapter C. Advance Disclosure of Closing and Settlement Costs in Transactions Involving Residential Real Property › Section 2702.102. Duty to Provide Advance Disclosure of Closing and Settlement Costs

Sec. 2702.102.  DUTY TO PROVIDE ADVANCE DISCLOSURE OF CLOSING AND SETTLEMENT COSTS.  (a)  Except as provided by Subsection (c), on the written request of the buyer, seller, or borrower before the closing and settlement of a transaction involving improved residential real property, a title insurance company or title insurance agent shall, in connection with the issuance of any kind of title insurance policy guaranteeing a lien on or the title to the property, provide to the requesting party an itemized disclosure of each charge to be made to that party that arises in connection with the closing and settlement.
(b)  The itemized disclosure must be provided on a closing and settlement statement form prescribed or permitted under Subchapter B.
(c)  The title insurance company or title insurance agent is required to provide the itemized disclosure only to the extent that information is available concerning each charge to be made to the party.  If information concerning a charge is not available, the title insurance company or title insurance agent shall:
(1)  make a notation that the charge is to be made but that the information is not available or that the amount shown is an estimate of the charge;  and
(2)  advise the party in writing as to the identity of the person or organization responsible for the charge.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2702 - Closing and Settlement › Subchapter C. Advance Disclosure of Closing and Settlement Costs in Transactions Involving Residential Real Property › Section 2702.103. Title Insurance Company or Title Insurance Agent Not Subject to Requirements Applicable to Lenders

Sec. 2702.103.  TITLE INSURANCE COMPANY OR TITLE INSURANCE AGENT NOT SUBJECT TO REQUIREMENTS APPLICABLE TO LENDERS.  (a)  Notwithstanding Section 2702.102, a title insurance company or title insurance agent is not required to disclose a cost or charge that a lender is required by law to disclose to a party.
(b)  Section 2702.102 does not impose on a title insurance company or title insurance agent any obligation imposed on a lender by the Real Estate Settlement Procedures Act of 1974 (Pub.  L. No. 93-533).
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter A. General Provisions › Section 2703.001. Compliance With Title and Rules

Sec. 2703.001.  COMPLIANCE WITH TITLE AND RULES.  (a)  This section applies to a corporation organized under this title, a foreign corporation, and, to the extent that the corporation is engaged in the business of title insurance, a corporation organized under another law, including:
(1)  Subdivision 57, Article 1302, Revised Statutes, before repeal of that statute;  and
(2)  Chapter 861.
(b)  A corporation operates in this state under the control and supervision of the commissioner and under uniform rules adopted by the commissioner relating to:
(1)  forms of policies and underwriting contracts;
(2)  premiums for those policies and contracts;  and
(3)  underwriting standards and practices.
(c)  With respect to real property located in this state, a corporation may not issue any kind of title insurance coverage, any kind of guarantee, or reinsurance of a risk assumed under a title insurance policy, except as provided by Section 2551.305 or 2551.3055, unless the corporation is authorized to engage in the business of title insurance under this title and otherwise complies with this title.  In engaging in the business of title insurance with respect to real property located in this state, the corporation shall comply with this title and rules described by Subsection (b), including when:
(1)  issuing any kind of title insurance policy or an underwriting contract;
(2)  reinsuring any portion of a risk assumed under a title insurance policy; and
(3)  deleting a title insurance policy exclusion.
(d)  Title insurance coverage, reinsurance, or a guarantee issued in violation of Subsection (c) is invalid.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 38 (S.B. 572), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter A. General Provisions › Section 2703.002. Use of Forms in General

Sec. 2703.002.  USE OF FORMS IN GENERAL.  A title insurance company or title insurance agent may not use a form required under this title to be prescribed or approved until the commissioner has prescribed or approved the form.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter A. General Provisions › Section 2703.003. Payment of Premiums

Sec. 2703.003.  PAYMENT OF PREMIUMS.  The premium for a title insurance policy or for another form prescribed or approved by the commissioner shall be paid in the due and ordinary course of business.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter B. Policy Provisions › Section 2703.051. Certain Provisions Required

Sec. 2703.051.  CERTAIN PROVISIONS REQUIRED.  A title insurance policy delivered or issued for delivery in this state to insure an owner of real property must include certain provisions, the form and content of which shall be prescribed by the commissioner, in accordance with this subchapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter B. Policy Provisions › Section 2703.0515. Certain Requirements Prohibited

Sec. 2703.0515.  CERTAIN REQUIREMENTS PROHIBITED.  (a)  A title insurance company is not required to offer or provide in connection with a title insurance policy an endorsement insuring a loss from damage resulting from the use of the surface of the land for the extraction or development of coal, lignite, oil, gas, or another mineral if the policy includes a general exception or exclusion from coverage a loss from damage resulting from the use of the surface of the land for the extraction or development of coal, lignite, oil, gas, or another mineral.
(b)  In this section, "general exception or exclusion" means a provision in a title insurance policy or other title insuring form that provides that title insurance coverage under the policy or form:
(1)  is subject to, and the title insurer does not insure title to, and excepts from the description of the covered property, coal, lignite, oil, gas, and other minerals in and under and that may be produced from the covered property, together with related rights, privileges, and immunities; or
(2)  does not cover a lease, grant, exception, or reservation of coal, lignite, oil, gas, or other minerals, or related rights, privileges, and immunities, appearing in the public records.
(c)  An additional premium or other amount may not be charged for an endorsement to a loan policy of title insurance if the endorsement:
(1)  insures against loss from damage to improvements or permanent buildings located on land that results from the future exercise of any right existing on the date of the loan policy to use the surface of the land for the extraction or development of coal, lignite, oil, gas, or another mineral;
(2)  expressly does not insure against loss resulting from subsidence; and
(3)  was promulgated by the commissioner in calendar year 2009.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1011 (H.B. 2408), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter B. Policy Provisions › Section 2703.052. Duty of Title Insurance Company

Sec. 2703.052.  DUTY OF TITLE INSURANCE COMPANY.  (a)  On a report to a title insurance company made by an insured after a title insurance policy has been issued that a lien, encumbrance, or title defect exists that is not excepted under the policy or otherwise excluded from coverage, the company shall promptly investigate to determine whether the lien or encumbrance is valid and not barred by statute or other law.
(b)  A title insurance company that concludes that a valid lien or encumbrance that is not barred by statute or other law exists or that a title defect exists shall:
(1)  institute all necessary legal proceedings to clear the title to the property;
(2)  indemnify the insured according to the terms of the policy;
(3)  reinsure at current value the title to the property without making exception to the lien, encumbrance, or defect or indemnify another insurer for reinsuring the title without making exception to the lien, encumbrance, or defect;
(4)  secure a release of the lien, encumbrance, or defect;  or
(5)  take a combination of the actions described by this subsection.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter B. Policy Provisions › Section 2703.053. Establishment of Standards and Schedules

Sec. 2703.053.  ESTABLISHMENT OF STANDARDS AND SCHEDULES.  The commissioner by rule shall establish standards and time schedules for implementing and handling claims by title insurance companies in accordance with this subchapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter B. Policy Provisions › Section 2703.054. Authority of Commissioner in Implementing Subchapter

Sec. 2703.054.  AUTHORITY OF COMMISSIONER IN IMPLEMENTING SUBCHAPTER.  (a)  The commissioner may adopt, by amendment to an owner title insurance policy or by separate endorsement to an owner title insurance policy, language to implement this subchapter in a manner consistent with the terms, provisions, conditions, and stipulations of the policy or the exceptions to coverage contained in the schedules to the policy.
(b)  This subchapter does not prohibit the commissioner from adopting for use in this state one or more policies in a simplified, generally more understandable, and usable form.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter B. Policy Provisions › Section 2703.055. Requirement of Certain Provisions Prohibited

Sec. 2703.055.  REQUIREMENT OF CERTAIN PROVISIONS PROHIBITED.  The commissioner may not require by rule, or through adoption of a title insurance policy or other insuring form, that a title insurance policy delivered or issued for delivery in this state:
(1)  insure against a loss that a person with an interest in real property sustains from damage to the property by reason of severance of minerals from the surface estate; or
(2)  provide insurance as to ownership of minerals.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1011 (H.B. 2408), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter B. Policy Provisions › Section 2703.056. Exceptions; Mineral and Geothermal Energy Interests

Sec. 2703.056.  EXCEPTIONS; MINERAL AND GEOTHERMAL ENERGY INTERESTS.  (a)  Subject to the underwriting standards of the title insurance company, a title insurance company may in a commitment for title insurance or a title insurance policy include a general exception or a special exception to except from coverage:
(1)  a mineral estate or the geothermal energy and associated resources below the surface of the land; or
(2)  an instrument that purports to reserve or transfer all or part of a mineral estate or the geothermal energy and associated resources below the surface of the land.
(b)  A reduction to, or credit on a premium charge for, a policy of title insurance or other insuring form may not be directly or indirectly based on an exclusion of, or general or special exception to, a mineral estate or the geothermal energy and associated resources below the surface of the land in the title insurance policy.
(c)  The inclusion in a title insurance policy of a general exception or a special exception described by Subsection (a) does not create title insurance coverage as to the condition or ownership of the mineral estate or the geothermal energy and associated resources below the surface of the land.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1011 (H.B. 2408), Sec. 9, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1108 (S.B. 785), Sec. 1, eff. June 18, 2023.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter D. Fixing and Promulgating Premium Rates › Section 2703.151. Fixing and Promulgating Premium Rates

Sec. 2703.151.  FIXING AND PROMULGATING PREMIUM RATES.  (a)  Except as provided by Subsection (b), the commissioner shall fix and promulgate the premium rates to be charged by a title insurance company or by a title insurance agent for title insurance policies or for other forms prescribed or approved by the commissioner.
(b)  The commissioner may not fix or promulgate the premium rates for reinsurance between title insurance companies.  Title insurance companies may establish the premium rates in amounts to which the companies agree.
(c)  Except for a premium charged for reinsurance, a premium may not be charged for a title insurance policy or for another prescribed or approved form at a rate different than the rate fixed and promulgated by the commissioner.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter D. Fixing and Promulgating Premium Rates › Section 2703.152. Factors Considered in Fixing Premium Rates

Sec. 2703.152.  FACTORS CONSIDERED IN FIXING PREMIUM RATES.  (a)  In fixing premium rates, the commissioner shall consider all relevant income and expenses of title insurance companies and title insurance agents attributable to engaging in the business of title insurance in this state.
(b)  The premium rates fixed by the commissioner must be:
(1)  reasonable as to the public;  and
(2)  nonconfiscatory as to title insurance companies and title insurance agents.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter E. Procedures Regarding Premium Rates, Policy Forms, and Other Related Matters › Section 2703.201. Hearing Required for Fixing Premium Rate

Sec. 2703.201.  HEARING REQUIRED FOR FIXING PREMIUM RATE.  Before a premium rate may be fixed and a premium charged, the department must provide reasonable notice and a hearing must be afforded to title insurance companies, title insurance agents, and the public.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter E. Procedures Regarding Premium Rates, Policy Forms, and Other Related Matters › Section 2703.203. Periodic Hearing

Sec. 2703.203.  PERIODIC HEARING.  The commissioner shall hold a public hearing not earlier than July 1 after the fifth anniversary of the closing of a hearing held under this chapter to consider adoption of premium rates and other matters relating to regulating the business of title insurance that an interested person, association, title insurance company, title insurance agent, or entity under Section 2703.204 requests to be considered or that the commissioner determines necessary to consider.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 930 (H.B. 3271), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1011 (H.B. 2408), Sec. 12, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 884 (H.B. 3228), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter E. Procedures Regarding Premium Rates, Policy Forms, and Other Related Matters › Section 2703.204. Admission as Party to Hearing

Sec. 2703.204.  ADMISSION AS PARTY TO HEARING.  (a)  Subject to this section, the following persons, associations, and entities shall be admitted as parties to a contested case hearing under Section 2703.202, the periodic hearing under Section 2703.203, or a hearing under Section 2703.206:
(1)  a trade association whose membership is composed of at least 20 percent of the members of an industry or group represented by the trade association;
(2)  an association, person, or entity described by Section 2703.202(b);
(3)  an interested person described by Section 2703.202(b-1); or
(4)  department staff.
(b)  A party to any portion of the periodic hearing relating to ratemaking may request that the commissioner remove any other party to that portion of the hearing on the grounds that the other party does not have a substantial interest in the subject matter of the hearing. A decision of the commission to deny or grant the request is final and subject to appeal in accordance with Section 36.202.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 930 (H.B. 3271), Sec. 2, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1011 (H.B. 2408), Sec. 13, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 884 (H.B. 3228), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter E. Procedures Regarding Premium Rates, Policy Forms, and Other Related Matters › Section 2703.206. Commissioner Authority to Hold Hearings as Necessary

Sec. 2703.206.  COMMISSIONER AUTHORITY TO HOLD HEARINGS AS NECESSARY.  At any time, the commissioner may order a public hearing to consider adoption of premium rates and other matters relating to regulating the business of title insurance as the commissioner determines necessary or proper.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter E. Procedures Regarding Premium Rates, Policy Forms, and Other Related Matters › Section 2703.207. Notice of Certain Hearings

Sec. 2703.207.  NOTICE OF CERTAIN HEARINGS.  Not later than the 60th day before the date of a hearing under Section 2703.202, 2703.203, or 2703.206, notice of the hearing and of each item to be considered at the hearing shall be:
(1)  sent directly to all parties to the previous hearing conducted under Section 2703.202, 2703.203, or 2703.206, if the hearing was conducted as a contested case hearing; and
(2)  published in the Texas Register and on the department's Internet website.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1011 (H.B. 2408), Sec. 14, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2703 - Policy Forms and Premium Rates › Subchapter E. Procedures Regarding Premium Rates, Policy Forms, and Other Related Matters › Section 2703.208. Additions or Amendments to Manual

Sec. 2703.208.  ADDITIONS OR AMENDMENTS TO MANUAL.  (a)  An addition or amendment to the Basic Manual of Rules, Rates, and Forms for the Writing of Title Insurance in the State of Texas may be proposed and adopted by reference by publishing notice of the proposal or adoption by reference in the Texas Register.
(b)  Notice under this section must include:
(1)  a brief summary of the substance of the matter to be added or amended;  and
(2)  a statement that the full text of the matter is available for review in the office of the chief clerk of the department.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2704 - Issuance of Policy or Contract; Determination of Insurability › Subchapter A. General Provisions › Section 2704.001. Issuance of Policy or Contract

Sec. 2704.001.  ISSUANCE OF POLICY OR CONTRACT.  A title insurance policy or contract may not be written unless:
(1)  Sections 2502.053, 2502.054, and 2502.055 have been complied with;
(2)  the policy or contract is based on an examination of title made from title evidence prepared from an abstract plant owned, or leased and operated by a title insurance agent or direct operation for the county in which the real property is located, except as provided by Section 2704.002;
(3)  insurability of title has been determined in accordance with sound title underwriting practices;  and
(4)  evidence thereof is preserved and retained in the files of the title insurance company, title insurance agent, or direct operation for a period of not less than 15 years after the date of issuance of the policy or contract.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2704 - Issuance of Policy or Contract; Determination of Insurability › Subchapter A. General Provisions › Section 2704.002. Direct Issuance of Policy or Contract

Sec. 2704.002.  DIRECT ISSUANCE OF POLICY OR CONTRACT.  A title insurance company may directly issue a title insurance policy or contract based on the best title evidence available if:
(1)  a title insurance agent or direct operation does not exist for the county in which the real property is located;  or
(2)  each title insurance agent and direct operation for that county refuses to provide title evidence:
(A)  in a reasonable period as determined by the department;  and
(B)  in compliance with Section 2502.053(1).
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2704 - Issuance of Policy or Contract; Determination of Insurability › Subchapter A. General Provisions › Section 2704.003. Copy of Policy or Contract to Agent or Direct Operation

Sec. 2704.003.  COPY OF POLICY OR CONTRACT TO AGENT OR DIRECT OPERATION.  In a reasonable period as determined by the department, a copy of each title insurance policy or contract issued in a real property transaction shall be provided to each title insurance agent or direct operation providing the title evidence on which the policy or contract is issued.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2704 - Issuance of Policy or Contract; Determination of Insurability › Subchapter A. General Provisions › Section 2704.004. Exceptions to Applicability of Chapter

Sec. 2704.004.  EXCEPTIONS TO APPLICABILITY OF CHAPTER.  This chapter does not apply to a company that:
(1)  does not assume primary liability in a reinsurance contract;  or
(2)  acts as coinsurer, if at least one of the other coinsurers has complied with this chapter.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2704 - Issuance of Policy or Contract; Determination of Insurability › Subchapter B. Issuance of Owner and Mortgagee Policies for Residential Real Property › Section 2704.051. Issuance of Owner Policy Required in Connection With Issuance of Mortgagee Policy

Sec. 2704.051.  ISSUANCE OF OWNER POLICY REQUIRED IN CONNECTION WITH ISSUANCE OF MORTGAGEE POLICY.  (a)  In this section, "mortgagee title insurance policy" means a mortgagee policy of title insurance or another agreement or the equivalent that constitutes the business of title insurance.
(b)  Except as provided by Section 2704.052, a title insurance company or title insurance agent that issues a mortgagee title insurance policy in connection with a lien on improved residential real property in this state that is sold shall also issue an owner title insurance policy to the owner of the property.
(c)  The title insurance company or title insurance agent issuing the owner title insurance policy shall charge the required premium promulgated by the commissioner.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2704 - Issuance of Policy or Contract; Determination of Insurability › Subchapter B. Issuance of Owner and Mortgagee Policies for Residential Real Property › Section 2704.052. Rejection of Issuance of Owner Policy

Sec. 2704.052.  REJECTION OF ISSUANCE OF OWNER POLICY.  At or before closing and settlement, the person acquiring title may reject the issuance of the owner title insurance policy required under Section 2704.051 by executing a written and acknowledged rejection in the form prescribed, after notice and hearing, by the commissioner.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2704 - Issuance of Policy or Contract; Determination of Insurability › Subchapter C. Title Insurance Covering Areas and Boundaries › Section 2704.101. Definition

Sec. 2704.101.  DEFINITION.  In this subchapter, "area and boundary coverage" means title insurance coverage relating to discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2704 - Issuance of Policy or Contract; Determination of Insurability › Subchapter C. Title Insurance Covering Areas and Boundaries › Section 2704.102. Rules Authorizing Acceptance of Existing Survey

Sec. 2704.102.  RULES AUTHORIZING ACCEPTANCE OF EXISTING SURVEY.  (a)  The commissioner by rule may authorize a title insurance company providing area and boundary coverage to accept an existing real property survey as provided by this section.
(b)  A title insurance company may accept an existing real property survey rather than requiring a new survey if, notwithstanding the age of the survey or the identity of the person for whom the survey was prepared, the company is willing to accept:
(1)  evidence of the existing survey;  and
(2)  an affidavit prescribed by the commissioner that verifies the existing survey.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2704 - Issuance of Policy or Contract; Determination of Insurability › Subchapter C. Title Insurance Covering Areas and Boundaries › Section 2704.103. Certain Discrimination Prohibited

Sec. 2704.103.  CERTAIN DISCRIMINATION PROHIBITED.  A title insurance company may not discriminate in providing area and boundary coverage in connection with residential real property solely because:
(1)  the real property is platted or unplatted;  or
(2)  a municipality did not accept a subdivision plat relating to the real property before September 1, 1975.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle E - The Business of Title Insurance › Chapter 2704 - Issuance of Policy or Contract; Determination of Insurability › Subchapter C. Title Insurance Covering Areas and Boundaries › Section 2704.104. Indemnity Prohibited

Sec. 2704.104.  INDEMNITY PROHIBITED.  A title insurance company may not require an indemnity from a seller, buyer, borrower, or lender to provide area and boundary coverage.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle F - Title Insurance for Certain Personal Property Interests › Chapter 2751 - Title Insurance for Personal Property Interests › Subchapter A. General Provisions › Section 2751.001. General Definitions

Sec. 2751.001.  GENERAL DEFINITIONS.  (a)  The definitions under Sections 2501.003(2)-(5), (7), (10), and (12)-(14) apply to the regulation of title insurance under this chapter.
(b)  In this subtitle, a term not defined under Subsection (a) that is used in Chapter 9, Business & Commerce Code, has the meaning assigned by that code.
Added by Acts 2007, 80th Leg., R.S., Ch. 543 (S.B. 1153), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Insurance Code › Title 11 - Title Insurance › Subtitle F - Title Insurance for Certain Personal Property Interests › Chapter 2751 - Title Insurance for Personal Property Interests › Subchapter A. General Provisions › Section 2751.002. Definitions of Personal Property and Personal Property Title Insurance

Sec. 2751.002.  DEFINITIONS OF PERSONAL PROPERTY AND PERSONAL PROPERTY TITLE INSURANCE.  In this subtitle:
(1)  "Personal property" has the meaning assigned by Section 1.04, Tax Code.
(2)  "Personal property title insurance" means coverage that insures:
(A)  whether affirming or negating, one or more of the elements of attachment, perfection, or priority of a security interest in personal property or fixtures;
(B)  the results, as to correctness, completeness, or other criteria, of a search of:
(i)  the filing office of the financing statement record of a debtor; or
(ii)  any other database, whether publicly or privately maintained, such as court dockets, tax records, motor vehicle department records, or the records of the Federal Aviation Administration as to aircraft, the United States Coast Guard as to vessels, or the United States Department of Transportation;
(C)  the status of ownership of, rights in, powers to transfer rights in, or title with respect to personal property or fixtures;
(D)  the effectiveness of the filing of a financing statement with a filing office, or any other record with any publicly maintained database or registry;
(E)  the lien status of personal property or fixtures, or compliance with Title 1, Business & Commerce Code, the Uniform Commercial Code, international conventions such as the United Nations Commission on International Trade Law (UNCITRAL), or similar laws or regulations; or
(F)  any of the matters covered by Paragraphs (A)-(E) with respect to the laws of any other domestic or foreign jurisdiction.
Added by Acts 2007, 80th Leg., R.S., Ch. 543 (S.B. 1153), Sec. 1, eff. September 1, 2007.