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Texas Legislative Update Highlights – September 2011

This update provides the latest legislative changes in Texas effective September 1, 2011, including significant measures like HB 2408 regarding rebating clarification and agency license renewal, TDI disciplinary action procedures, and new hearing rules for rate and rule hearings. Other updates include legislation on payoff statements, HOA resale certificates, acknowledgement of foreign persons, and mechanics lien issues. Additionally, it addresses the effective dates for various bills and offers resources for further legislative research.

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Texas Legislative Update Highlights – September 2011

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  1. Legislative Update – 2011September 8, 2011 Provided by: National Investors Title Insurance Company Presented by: Bruce D. Liesman, CTIA, CAEA Chief Texas Counsel 210-225-6666 or 877-256-8089 bruce.liesman@nititle.com

  2. Legislative Update - 2011 • Texas Department of Insurance (TDI) HB 2408 • Rebating clarification on education Effective: September 1, 2011 • Renewal of agency license Effective: September 1, 2011 • Limiting and defining the procedures and results of a TDI disciplinary action Effective: September 1, 2011 • Rate & rule hearing procedures Effective: September 1, 2011 but subject to TDI finalizing new hearing rules HB 2604 • agency solvency/agent capitalization relief Effective: June 17, 2011 but subject to TDI finalizing applicable rules

  3. Legislative Update - 2011 • Minerals HB 2408 Effective: January 1, 2012 • Payoff Statements HB 558 Effective: September 1, 2011 – but not actually effective until the form is promulgated by the State Finance Commission.

  4. Legislative Update - 2011 • Acknowledgement of foreign persons SB 1320 Effective: September 1, 2011 • Private Transfer Fees (a.k.a Freehold estates) HB 8 Effective: June 17, 2011

  5. Legislative Update - 2011 • HOA/POA resale certificates HB 1821 Effective: September 1, 2011 • Correction Deeds SB 1496 Effective: September 1, 2011

  6. Legislative Update - 2011 • Mechanic Lien issues • Lien waivers & release of mechanic’s liens HB 1456 Effective: January 1, 2012 – but only applies to original contracts entered into on or after January 1, 2012. • Creation of lien for landscaping HB 1456 Effective Date: January 1, 2012 • Revision of time periods and notices regarding retainage HB 1390 Effective Date: September 1, 2011, but applies only to a lien claim for labor or materials furnished under a subcontract where the original contract was entered into, on or after September 1, 2011.

  7. Legislative Update - 2011 • LisPendens – when it effects property SB 1187 Effective: September 1, 2011 • Prohibition on requiring deed to later avoid foreclosure SB 1496 Effective: September 1, 2011

  8. Legislative Update - 2011 • Other interesting legislation • You can look up any bill by number at: www.legis.state.tx.us/billlookup/billnumber.aspx   choose the “enrolled” version

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