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  H.B. No. 3271
 
 
 
 
AN ACT
  relating to the biennial hearing concerning title insurance and
  related information.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 2703.153 and 2703.203, Insurance Code,
  are amended to read as follows:
         Sec. 2703.153.  COLLECTION OF DATA FOR FIXING PREMIUM RATES;
  ANNUAL STATISTICAL REPORT.  (a) Each title insurance company and
  title insurance agent engaged in the business of title insurance in
  this state shall annually submit to the department, as required by
  the department to collect data to use to fix premium rates, a
  statistical report containing [all] information relating to:
               (1)  loss experience;
               (2)  expense of operation; and
               (3)  other material matters.
         (b)  The information must be submitted in the form prescribed
  by the department.
         (c)  If the department requires a title insurance company or
  title insurance agent to include new or different information in
  the statistical report, that information may be considered by the
  commissioner in fixing premium rates if the information collected
  is reasonably credible for the purposes for which the information
  is to be used.
         (d)  A title insurance company or a title insurance agent
  aggrieved by a department requirement concerning the submission of
  information may bring a suit in a district court in Travis County
  alleging that the request for information:
               (1)  is unduly burdensome; or
               (2)  is not a request for information material to
  fixing and promulgating premium rates or another matter that may be
  the subject of the biennial hearing and is not a request reasonably
  designed to lead to the discovery of that information.
         (e)  On filing of a suit under Subsection (d), the
  requirement that the title insurance company or title insurance
  agent bringing the suit comply with the request for the information
  is abated as to that title insurance company or title insurance
  agent. The district court may enter an order requiring the title
  insurance company or title insurance agent to comply with the
  request for information subject to the limitations, if any, imposed
  by the court.
         (f)  A title insurance company or title insurance agent must
  bring suit under Subsection (d) not later than the 30th day after
  the date the company or agent receives the request for information
  from the department.
         (g)  This section may not be construed to limit the
  department's authority to request information under Section 38.001
  or other applicable provisions of this code.
         Sec. 2703.203.  BIENNIAL HEARING.  The commissioner shall
  hold a biennial public hearing not earlier than July 1 of each
  even-numbered year to consider adoption of premium rates and other
  matters relating to regulating the business of title insurance that
  an association, title insurance company, title insurance agent, or
  member of the public admitted as a party under Section 2703.204
  requests to be considered or that the commissioner determines
  necessary to consider.
         SECTION 2.  Section 2703.204, Insurance Code, is amended to
  read as follows:
         Sec. 2703.204.  ADMISSION AS PARTY TO BIENNIAL HEARING. (a)
  Subject to this section, an  [An] individual or association or
  other entity recommending adoption of a premium rate or another
  matter relating to regulating the business of title insurance shall
  be admitted as a party to the biennial hearing.
         (b)  A party to the ratemaking phase of the biennial hearing
  may request that the commissioner remove any other party to the
  ratemaking phase of the hearing on the grounds that the other party
  does not have a substantial interest in title insurance. A decision
  of the commission to deny or grant the request is final and subject
  to appeal in accordance with Section 36.202.
         SECTION 3.  Section 2703.205(d), Insurance Code, is
  amended to read as follows:
         (d)  At the direction of the commissioner or at the written
  request of an association or other entity recommending adoption of
  a premium rate and [a person] seeking admission as a party to the
  ratemaking phase of the hearing, the State Office of Administrative
  Hearings shall conduct the ratemaking phase of the hearing in
  accordance with Chapter 40. A request under this subsection must be
  made at the time the association or entity [a person] seeks to be
  admitted as a party to the hearing but may not be made later than the
  10th day after the date notice of the hearing is provided under
  Section 2703.207.
         SECTION 4.  This Act applies only to the premium rate
  applicable to a title insurance policy that is delivered, issued
  for delivery, or renewed on or after January 1, 2009. A premium rate
  applicable to a policy that is delivered, issued for delivery, or
  renewed before January 1, 2009, is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for this purpose.
         SECTION 5.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3271 was passed by the House on May 8,
  2007, by the following vote:  Yeas 146, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3271 on May 25, 2007, by the following vote:  Yeas 141, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3271 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor