Tex.
Ins. Code Section 2551.001
Applicability of Title and Other Law
(a)
Except as provided by Subsection (c) and unless the business of title insurance or title insurance companies are expressly mentioned, the provisions of this code other than this title do not apply to:(1)
a corporation incorporated or engaging in business exclusively under this title; or(2)
any title insurance business engaged in by a corporation created under:(A)
Subdivision 57, Article 1302, Revised Statutes;(B)
Chapter 861 (General Casualty Companies); or(C)
any other law.(b)
A law enacted after September 7, 1951, does not apply to a title insurance company or title insurance business described by Subsection (a) unless the law expressly states that it applies.(c)
To the extent applicable, the following provisions of this code apply to a title insurance company:(1)
Articles 1.09-1 and 21.47;(2)
Subsection (b), Article 1.04D;(3)
Chapters 33 (Standards of Conduct), 82 (Sanctions), 83 (Emergency Cease and Desist Orders), 84 (Administrative Penalties), 86 (Revocation or Modification of Certificate of Authority; Authority to Bring Certain Actions), 102 (Charitable Gift Annuities), 261 (Texas Insurance Exchange), 281 (Retaliatory Provisions), 401 (Audits and Examinations), 402 (Disclosure of Material Transactions), 493 (Authorized Reinsurance; Credit and Accounting), 494 (Reinsurance of Aircraft and Space Equipment Risks), 541 (Unfair Methods of Competition and Unfair or Deceptive Acts or Practices), 547 (False Advertising by Unauthorized Insurers), 555 (Failure to Satisfy Judgment), 701 (Insurance Fraud Investigations), 801 (Certificate of Authority), 802 (Annual Statement), 824 (Merger and Consolidation of Stock Insurance Corporations), 828 (Purchase of Stock for Total Assumption Reinsurance), 1805 (Joint Underwriting and Advisory Organizations), and 2204 (Texas Insurance Exchange);(4)
Chapter 31 (Organization of Department), other than Section 31.005 (Defense by Attorney General);(5)
Chapter 32 (Administrative Powers and Duties), other than Section 32.022 (Biennial Report to Legislature)(b);(6)
Chapter 36 (Department Rules and Procedures), other than Sections 36.003 (Rules Restricting Advertising or Competitive Bidding), 36.004 (Compliance with National Association of Insurance Commissioners Requirements; Rules), and 36.101-36.106;(7)
Subchapter A, Chapter 38 (Data Collection and Reports);(8)
Subchapters A-G, Chapter 101 (Unauthorized Insurance);(9)
Chapter 982 (Foreign and Alien Insurance Companies), other than Sections 982.003 (Life Insurance Companies Wanting to Loan Money), 982.051 (Certificate of Authority Required for Life, Health, or Accident Companies), 982.101 (Filing of Financial Statement by Life, Health, or Accident Insurance Company), 982.105 (Capital Stock and Surplus Requirements for Life, Health, or Accident Insurance Companies), 982.106 (Capital Stock and Surplus Requirements for Other Insurance Companies)(b), 982.109 (Duration of Deposit by Life, Health, or Accident Insurance Companies), and 982.113 (Issuance of Certificate of Authority to Life, Health, or Accident Insurance Company); and(10)
Sections 37.052 (Role of Department), 39.001 (Access to Programs and Facilities), 39.002 (Public Comment), 81.001 (Limitations Period for Certain Disciplinary Actions), 81.002 (Notice of Certain Orders and Decisions), 81.004 (Report to Attorney General), 201.004 (Electronic Transfers), 201.005 (Transfer of Securities), 201.051 (Powers and Duties of Comptroller), 201.055 (Filing Date of Report or Payment Delivered by Postal Service), 403.001 (Limitation on Dividends), 403.051 (Estimate of Profits), 403.101 (Penalties), 521.002-521.004, 805.021 (Liability for Fee and Tax Payments), 822.001 (Applicability of Chapter), 822.051 (Formation of Company), 822.052 (Articles of Incorporation)(1), (2), and (3), 822.053 (Company’s Name), 822.057 (Application for Charter), except Subsection (a)(4), 822.058, 822.059, 822.060, 822.155, 822.157, 822.158, except Subsection (a)(5), 841.004, 841.251, 841.252(a)-(c), and 4001.103.(d)
This title governs in any conflict between a provision listed by Subsection (c) and a provision of this title.(e)
This title does not regulate the practice of law by an attorney. The actions of an attorney in examining title, in examining records regarding an interest insured under Chapter 2751, or in closing a real property or personal property transaction, regardless of whether a title insurance policy is issued, does not constitute the business of title insurance, unless the attorney elects to be licensed as an escrow officer.(f)
Subsection (e) does not prohibit the commissioner from promulgating a premium for title insurance.
Source:
Section 2551.001 — Applicability of Title and Other Law, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.2551.htm#2551.001 (accessed Apr. 13, 2024).
