CE & CLE FAQs are available under the Texas TIPS tab at www.stewart.com/texas
If you have questions after the presentation, please e- mail the presenter or your favorite Texas underwriting counsel. In order to obtain a CE Certificate or CLE Credit, you must listen to the webinar for a minimum of 55 minutes, obtain the password provided at the end of the presentation and follow the instructions as given. 2
ATTORNEY INFORMATION Because of opinions expressed by the Texas Department of Insurance (TDI) concerning rebates, legal credit is available only to: Attorneys who own title agencies that are Stewart Title Guaranty Agents Attorneys employed by a title insurance agent licensed with Stewart Title Guaranty or Stewart entities Fee attorneys who have an Escrow Officer license through a Stewart Title Agent or Stewart entity We welcome any other lawyers to listen, but cannot provide continuing education credit to you. 3
2017 Legislation John Rothermel Senior Vice President Regional Underwriting Counsel Senior Underwriter SW Regional Underwriting Office Stewart Title Guaranty Company
• 6,631 bills filed (not including resolutions) – 4,333 in the House – 2,298 in the Senate • 1,163 bills and joint resolutions became law • 50 bills vetoed by the governor 5 Texas Land and Title Association 2017, p.1
Rate Re-regulation Attempts Defeated Three bills were filed, that could have dramatically impacted our rate system. SB 372 by Sen. Bob Hall would have created a “file -and- use” rate system, where each underwriter would file a rate. Even though SB 2203 by Chairman Kelly Hancock, as filed, did not contain language amending the rate system, it was understood to be a vehicle for rate re-regulation bill depending on how the conversation went during the session. That conversation was centered around HB 4239 – authored by Rep. Sergio Munoz, Jr. – which would dramatically upend our rate system by injecting both a “file -and- use” and “flex band” approach to title rates. 6 Texas Land and Title Association 2017, p.1
PUBLIC RECORDS 7
HB 457 — Confidentiality of certain home address information in ad valorem tax appraisal records passed/signed/effective 6-15-17 Adds to Section 25.025(a) of the Tax Code to allow spouses, surviving spouses, or adult child of a police officer to request that their home address be kept confidential on the tax records. Please note that this bill adds the above stated people to the existing list of 17 other categories of persons that may exempt such information. 8
HB 457 — Confidentiality of certain home address information in ad valorem tax appraisal records passed/signed/effective 6-15-17 What you should do: If tax information is not available, you will need to require the party obtain and furnish a proper tax statement showing the current status of the property taxes on the property. The statement does not need to show the actual address of the tax payer. 9
HB 1278 — Availability of personal information of certain current and former prosecutors passed/signed/effective 6-15-17 Adds to Section 552.117(a) of the Government Code as it relates to prosecutors, former prosecutors, and their current or former employees whose jurisdiction was criminal law or child protective services. Personal information is excepted from the requirements of 552.012 if the information relates to their home address, home telephone number, emergency contact information, social security numbers, or reveals whether the person has family members. 10
HB 1278 — Availability of personal information of certain current and former prosecutors passed/signed/effective 6-15-17 What you should do: If tax information is not available, you will need to require the party obtain and furnish a proper tax statement showing the current status of the property taxes on the property. The statement does not need to show the actual address of the tax payer. 11
HB 890 — Providing information to the public and to purchasers of real property regarding the impact of military installations passed/signed/effective 9-1-17 The bill adds Section 397.007 to the Local Government Code and provides that the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study applicable to each military installation or a link to that information is publicly available on the local governmental entity's Internet website. 12
HB 890 — Providing information to the public and to purchasers of real property regarding the impact of military installations passed/signed/effective 9-1-17 It also adds a new paragraph 8 to the Seller’s Disclosure Notice required by Section 5.008(b) of the Property Code: 8. This property may be located near a military installation and may be affected by high noise or air installation compatible use zones or other operations. Information relating to high noise and compatible use zones is available in the most recent Air Installation Compatible Use Zone Study or Joint Land Use Study prepared for a military installation and may be accessed on the Internet website of the military installation and of the county and any municipality in which the military installation is located. 13
HB 890 — Providing information to the public and to purchasers of real property regarding the impact of military installations passed/signed/effective 9-1-17 What you should do: Determine if the Seller’s Disclosure Notice contains the previous slide’s language. While a title insurance company and its title insurance agents have no liability for the Seller’s Disclosure Notice it is a good practice to see that the most recent forms are used. We would expect the Texas Real Estate Commission to promulgate changes to the Seller’s Disclosure Notice form as quickly as possible. 14
HB 3107 — Repeat requests under the public information act passed/signed/effective 9-1-17 This bill amends Section 552.221 of the Government Code as it relates to persons who make repeated requests for copies of public information maintained by governmental bodies. If requested information exceeds 36 hours of labor costs to comply with said requests, the governmental body may submit a written cost estimate of the additional costs of compliance. The governmental body need not comply with the request unless the requestor provides a statement committing to the payment of the additional costs. 15
HB 3107 — Repeat requests under the public information act passed/signed/effective 9-1-17 What you should know : We don’t expect this act to affect title companies and their ability to obtain title information necessary to maintain their title plants. Please let you Agency Services Manager or a Texas underwriter know if you obtain differing information. 16
HB 3423 — Relates to recording documents related to the sale or lease of public school land passed/signed/effective 9-1-17 This bill amends Section 51.065 of the Natural Resources Code to require that the commissioner send a written notice of the sale of a tract of public school lands which the clerk shall post in the land records of that county. The notice must contain the name and address of the purchaser and the price of the land. 17
HB 3423 — Relates to recording documents related to the sale or lease of public school land passed/signed/effective 9-1-17 What you should do: Make sure that you record such written notice in your title plant. 18
SB 1955 — Relates to the expunction of a notice of lis pendens passed/signed/effective 9-1-17 This bill amends Section 12.0071(f) of the Property Code to clarify that when a certified copy of an order expunging a notice of lis pendens is recorded, the lis pendens no longer provides constructive or actual notice of any action that could be derived to be in connection with the property which the notice was filed. Additionally, property to which the lis pendens would have applied is transferred or encumbered “free of all matters asserted or disclosed in the notice and all claims or other matters asserted or disclosed in the action in connection with which the notice was filed.” 19
SB 1955 — Relates to the expunction of a notice of lis pendens passed/signed/effective 9-1-17 What you should do: If presented with a transaction that has a certified expunction order recorded please obtain approval from a Senior Stewart Underwriter before closing or insuring. The recent Supreme Court decision, Cause No. 15-0847, Ron Sommers, etal., v. Sandcastle Homes, Inc., consolidated with, Cause No. 15-0848, Ron Sommers, etal., v. Newbiss Property, LP , rendered on the expunction of a notice of lis pendis statute cautions us to provide closer review of these transactions. 20
SB 1098 — Relating to recordings, acknowledgements, and proofs of certain written instruments passed/signed/effective 9-1-17 This bill amends sections 406.014 Government Code to require that a notary must keep the signer, grantor or maker’s mailing address (instead of residence or alleged residence). 21
SB 1098 — Relating to recordings, acknowledgements, and proofs of certain written instruments passed/signed/effective 9-1-17 What you should do : Each notary that works for you should amend their notary book to show the mailing address. 22
AD VALOREM TAXES 23
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