Bill Text: TX SB1457 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to administrative procedures for title insurance hearings, licensing, and enforcement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-12 - Left pending in committee [SB1457 Detail]
Download: Texas-2011-SB1457-Introduced.html
82R12603 T | ||
By: Harris | S.B. No. 1457 |
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relating to administrative procedures for title insurance | ||
hearings, licensing, and enforcement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2502.055, Insurance Code, is amended by | ||
amending Subsection (a), (1) as follows: | ||
(1) engaging in |
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activities that are not conditioned on the referral of title | ||
insurance business; | ||
SECTION 2. Section 2651.007, Insurance Code, is amended by | ||
adding Subsections (d) and (e) to read as follows: | ||
(d) The department may not delay or deny a license renewal | ||
application due to a pending enforcement action against the | ||
applicant. | ||
(e) If the department does not provide the applicant with a | ||
ground for denying the application under Section 2651.30 before the | ||
61st day after the date the department receives the completed | ||
application, the application is considered approved. | ||
SECTION 3. Subchapter G, Chapter 2651, Insurance Code, is | ||
amended by adding Sections 2651.303 and 2651.304 to read as | ||
follows: | ||
Sec. 2651.303 NOTICE OF DISCIPLINARY ACTION. The | ||
department shall notify a license holder or applicant for a license | ||
of a disciplinary action against the license holder or applicant | ||
not later than the 20th day after the date the action is initiated. | ||
If the department does not pursue the action on or before the 60th | ||
day after the date the department receives a response from the | ||
license holder or applicant, the action is considered dismissed. | ||
Sec. 2651.304. DENIAL OF LICENSE APPLICATION ON | ||
DISCIPLINARY GROUNDS. (a) The department may not delay or deny a | ||
license approval due to a pending enforcement action against the | ||
applicant. | ||
(b) If the department does not provide the applicant with a | ||
ground for denying the application under Section 2651.301 before | ||
the 61st day after the date the department receives the completed | ||
application, the application is considered approved. | ||
SECTION 4. Subchapter E, Chapter 2652, Insurance Code, is | ||
amended by adding Sections 2652.203 and 2652.204 to read as | ||
follows: | ||
Sec. 2652.203. NOTICE OF DISCIPLINARY ACTION. The | ||
department shall notify a license holder or applicant for a license | ||
of a disciplinary action against the license holder or applicant | ||
not later than the 20th day after the date the action is initiated. | ||
If the department does not pursue the action on or before the 60th | ||
date after the date the department receives a response from the | ||
license holder or applicant, the action is considered dismissed. | ||
Sec. 2652.204. DENIAL OF LICENSE APPLICATION ON | ||
DISCIPLINARY GROUNDS. (a) The department may not delay or deny a | ||
license approval due to a pending enforcement action against the | ||
applicant. | ||
(b) If the department does not provide the applicant with a | ||
ground for denying the application under Section 2652.201 before | ||
the 61st day after the date the department receives the completed | ||
application, the application is considered approved. | ||
SECTION 5. Section 2703.153, Insurance Code, is amended by | ||
adding Subsections (h) to read as follows: | ||
(h) The Department shall promulgate the contents of the | ||
statistical report in a hearing conducted by the commissioner as a | ||
rulemaking hearing under Subchapter B, Chapter 2001, Government | ||
Code. The commissioner shall implement any new amendments to the | ||
statistical report no earlier than the second anniversary of the | ||
adoption of the amendment. A change to the statistical report shall | ||
not be retroactive. | ||
SECTION 6. Section 2703.202, Insurance Code, is amended by | ||
amending Subsection (b) and adding Subsections (g)-(m) to read as | ||
follows: | ||
(b) At the written request of a title insurance company, an | ||
association composed of at least 50 percent of the title insurance | ||
agents and title insurance companies licensed or authorized by the | ||
department, an association composed of at least 20% of title | ||
insurance agents licensed or authorized by the department or the | ||
office of public insurance counsel, the commissioner shall order a | ||
public hearing to consider changing a premium rate. | ||
(g) The commissioner shall issue a notice of call for items | ||
for consideration that is not later than the 31st day after the date | ||
the request was sent to the commissioner. The commissioner shall | ||
not require responses to the notice of call for items for | ||
consideration before the 61st day after the issue of the notice of | ||
call for items for consideration. | ||
(h) The commissioner shall issue a notice of public hearing | ||
requested under this section that is no earlier than the 91st day | ||
after the date the notice of call for items for consideration. | ||
(i) The commissioner shall conclude a public hearing under | ||
this section no later than the 121st day after issuing a notice of | ||
public hearing under this section. | ||
(j) The commissioner shall issue a ruling not later than the | ||
60th day after the date of a public hearing held under this section. | ||
(k) A party's presentation of relevant, admissible oral | ||
testimony may not be limited. | ||
(l) Each matter in each phase of the hearing shall be | ||
considered by the commissioner and decisions on the matters made in | ||
an open meeting. | ||
(m) If the commissioner fails to meet the requirements in | ||
sections (g), (i) or (j) of this section, then a party listed in | ||
section (b) of this section may petition the district court to adopt | ||
a rate. A district court may appoint a magistrate to adopt a rate | ||
under this section. | ||
SECTION 7. Section 2703.203, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 2703.203. |
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year following the last hearing held under Section 2703.202 |
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commissioner shall hold a |
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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 8. Section 2703.204, Insurance Code, is amended by | ||
amending Subsection (a) to read as follows: | ||
Sec. 2703.204. ADMISSION AS PARTY TO |
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Subject to this section, |
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association representing 20% of the members of the industry or | ||
groups represented, an association under Chapter 2401, Insurance | ||
Code, department staff, or any entity under 2703.202 (b), Insurance | ||
Code, shall be admitted as a party to |
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section 2703.202, Insurance Code. | ||
SECTION 9. Section 2703.205, Insurance Code is repealed. | ||
SECTION 10. Section 2703.207, Insurance Code is amended to | ||
read as follows: | ||
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 |
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under Sections 2703.202, 2703.203, or 2703.206 if the hearing was | ||
conducted as a contested case hearing and | ||
(2) |
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on the department's website. | ||
SECTION 11. This Act takes effect immediately if it | ||
received as vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2010. |