Sec. 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; 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, 82, 83, 84, 86, 102, 261, 281, 401, 402, 493, 494, 541, 547, 555, 701, 801, 802, 824, 828, 1805, and 2204;
(4) Chapter 31, other than Section 31.005;
(5) Chapter 32, other than Section 32.022(b);
(6) Chapter 36, other than Sections 36.003, 36.004, and 36.101-36.106;
(7) Subchapter A, Chapter 38;
(8) Subchapters A-G, Chapter 101;
(9) Chapter 982, other than Sections 982.003, 982.051, 982.101, 982.105, 982.106(b), 982.109, and 982.113; and
(10) Sections 37.052, 39.001, 39.002, 81.001, 81.002, 81.004, 201.004, 201.005, 201.051, 201.055, 403.001, 403.051, 403.101, 521.002-521.004, 805.021, 822.001, 822.051, 822.052(1), (2), and (3), 822.053, 822.057, 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.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 6, eff. April 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 543 (S.B. 1153), Sec. 4, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 2I.001, eff. April 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 447 (H.B. 2353), Sec. 1, eff. September 1, 2009.
Section: 2551.001 2551.002 2551.003 2551.051 2551.052 2551.053 2551.054 2551.055 2551.056 2551.101 2551.102 2551.151 2551.152 2551.153 2551.154 NextLast modified: September 28, 2016