(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.

Terms Used In Texas Insurance Code 2551.001

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Personal property: All property that is not real property.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(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.

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