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A BILL TO BE ENTITLED
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AN ACT
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relating to administrative procedures for title insurance |
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hearings, licensing, and enforcement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2502.055, Insurance Code, is amended by |
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amending Subsection (a), (1) as follows: |
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(1) engaging in legal promotional and educational |
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activities that are not conditioned on the referral of title |
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insurance business; |
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SECTION 2. Section 2651.007, Insurance Code, is amended by |
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adding Subsections (d) and (e) to read as follows: |
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(d) The department may not delay or deny a license renewal |
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application due to a pending enforcement action against the |
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applicant. |
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(e) If the department does not provide the applicant with a |
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ground for denying the application under Section 2651.30 before the |
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61st day after the date the department receives the completed |
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application, the application is considered approved. |
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SECTION 3. Subchapter G, Chapter 2651, Insurance Code, is |
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amended by adding Sections 2651.303 and 2651.304 to read as |
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follows: |
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Sec. 2651.303 NOTICE OF DISCIPLINARY ACTION. The |
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department shall notify a license holder or applicant for a license |
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of a disciplinary action against the license holder or applicant |
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not later than the 20th day after the date the action is initiated. |
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If the department does not pursue the action on or before the 60th |
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day after the date the department receives a response from the |
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license holder or applicant, the action is considered dismissed. |
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Sec. 2651.304. DENIAL OF LICENSE APPLICATION ON |
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DISCIPLINARY GROUNDS. (a) The department may not delay or deny a |
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license approval due to a pending enforcement action against the |
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applicant. |
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(b) If the department does not provide the applicant with a |
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ground for denying the application under Section 2651.301 before |
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the 61st day after the date the department receives the completed |
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application, the application is considered approved. |
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SECTION 4. Subchapter E, Chapter 2652, Insurance Code, is |
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amended by adding Sections 2652.203 and 2652.204 to read as |
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follows: |
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Sec. 2652.203. NOTICE OF DISCIPLINARY ACTION. The |
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department shall notify a license holder or applicant for a license |
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of a disciplinary action against the license holder or applicant |
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not later than the 20th day after the date the action is initiated. |
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If the department does not pursue the action on or before the 60th |
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date after the date the department receives a response from the |
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license holder or applicant, the action is considered dismissed. |
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Sec. 2652.204. DENIAL OF LICENSE APPLICATION ON |
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DISCIPLINARY GROUNDS. (a) The department may not delay or deny a |
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license approval due to a pending enforcement action against the |
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applicant. |
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(b) If the department does not provide the applicant with a |
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ground for denying the application under Section 2652.201 before |
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the 61st day after the date the department receives the completed |
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application, the application is considered approved. |
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SECTION 5. Section 2703.153, Insurance Code, is amended by |
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adding Subsections (h) to read as follows: |
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(h) The Department shall promulgate the contents of the |
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statistical report in a hearing conducted by the commissioner as a |
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rulemaking hearing under Subchapter B, Chapter 2001, Government |
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Code. The commissioner shall implement any new amendments to the |
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statistical report no earlier than the second anniversary of the |
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adoption of the amendment. A change to the statistical report shall |
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not be retroactive. |
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SECTION 6. Section 2703.202, Insurance Code, is amended by |
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amending Subsection (b) and adding Subsections (g)-(m) to read as |
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follows: |
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(b) At the written request of a title insurance company, an |
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association composed of at least 50 percent of the title insurance |
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agents and title insurance companies licensed or authorized by the |
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department, an association composed of at least 20% of title |
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insurance agents licensed or authorized by the department or the |
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office of public insurance counsel, the commissioner shall order a |
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public hearing to consider changing a premium rate. |
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(g) The commissioner shall issue a notice of call for items |
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for consideration that is not later than the 31st day after the date |
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the request was sent to the commissioner. The commissioner shall |
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not require responses to the notice of call for items for |
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consideration before the 61st day after the issue of the notice of |
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call for items for consideration. |
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(h) The commissioner shall issue a notice of public hearing |
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requested under this section that is no earlier than the 91st day |
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after the date the notice of call for items for consideration. |
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(i) The commissioner shall conclude a public hearing under |
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this section no later than the 121st day after issuing a notice of |
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public hearing under this section. |
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(j) The commissioner shall issue a ruling not later than the |
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60th day after the date of a public hearing held under this section. |
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(k) A party's presentation of relevant, admissible oral |
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testimony may not be limited. |
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(l) Each matter in each phase of the hearing shall be |
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considered by the commissioner and decisions on the matters made in |
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an open meeting. |
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(m) If the commissioner fails to meet the requirements in |
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sections (g), (i) or (j) of this section, then a party listed in |
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section (b) of this section may petition the district court to adopt |
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a rate. A district court may appoint a magistrate to adopt a rate |
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under this section. |
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SECTION 7. Section 2703.203, Insurance Code, is amended to |
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read as follows: |
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Sec. 2703.203. BIENNIAL HEARING. After July 1 of the 5th |
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year following the last hearing held under Section 2703.202 T the |
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commissioner shall hold a biennial public hearing to consider |
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adoption of premium rates and other matters relating to regulating |
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the business of title insurance that an association, title |
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insurance company, title insurance agent, or member of the public |
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admitted as a party under Section 2703.204 requests to be |
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considered or that the commissioner determines necessary to |
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consider. |
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SECTION 8. Section 2703.204, Insurance Code, is amended by |
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amending Subsection (a) to read as follows: |
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Sec. 2703.204. ADMISSION AS PARTY TO BIENNIAL HEARING. (a) |
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Subject to this section, an individual or association or other
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entity recommending adoption of a premium rate or another matter
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relating to regulating the business of title insurance a trade |
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association representing 20% of the members of the industry or |
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groups represented, an association under Chapter 2401, Insurance |
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Code, department staff, or any entity under 2703.202 (b), Insurance |
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Code, shall be admitted as a party to the biennial a hearing under |
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section 2703.202, Insurance Code. |
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SECTION 9. Section 2703.205, Insurance Code is repealed. |
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SECTION 10. Section 2703.207, Insurance Code is amended to |
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read as follows: |
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Sec. 2703.207. NOTICE OF CERTAIN HEARINGS. Not later than |
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the 60th day before the date of a hearing under Section 2703.202, |
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2703.203, or 2703.206, notice of the hearing and of each item to be |
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considered at the hearing shall be: |
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(1) sent directly to all title insurance companies and
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title insurance agents the parties to the last hearing conducted |
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under Sections 2703.202, 2703.203, or 2703.206 if the hearing was |
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conducted as a contested case hearing and |
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(2) provided to the public in a manner that gives fair
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notice concerning the hearing. published in the Texas Register and |
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on the department's website. |
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SECTION 11. This Act takes effect immediately if it |
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received as vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2010. |