Agenda Item: 2012-29 1ST AMENDED SUBMISSION Page 1

Agenda Item: 2012-29 1ST AMENDED SUBMISSION Page 1

Submitted by: Thomas A. Rutledge

On Behalf of: Texas Land Title Association

Address: 901 Congress Avenue

Austin, Texas 78701

Telephone: 512-476-6955

The Texas Land Title Association (“TLTA”) petitions the Commissioner of Insurance to adopt a rule providing for requirements, procedures, and forms for providing privileged title agent financial solvency information to the Department pursuant to §2651.011, to read as follows:

G-__ TITLE COMPANY REQUIREMENTS, PROCEDURES, AND FORMS FOR PROVIDING PRIVILEGED TITLE AGENT FINANCIAL SOLVENCY INFORMATION TO THE DEPARTMENT PURSUANT TO §2651.011

A title insurance company may provide information to the Department about a financial matter that would reasonably call into question the solvency of a title agent that the title insurance company appointed. The following requirements apply to a title insurance company that is providing information to the commissioner:

A. Pursuant to the Insurance Code §2651.011(b) each title insurance company shall provide annually to the Department a list of officers authorized to provide to the Department the information specified under this administrative rule. The list of authorized officers must be submitted on Form T-G__.

1. The initial Form T-G__ must be submitted to the Department within 30 days of the effective date of this rule and the subsequent Form T-G5 must be submitted annually between January 1 and January 31 of each year for the calendar year beginning in 2012 2013.

2. Form T-G__ may be obtained from the Texas Department of Insurance, Title Examinations, Mail Code 106-2T, P.O. Box 149104, Austin, Texas 78714-9104 or 333 Guadalupe, Austin, Texas 78701, or from the Department’s website www.tdi.state.tx.us.

3 Form T-G__ should be submitted to the Texas Department of Insurance, Title Examinations, Mail Code 106-2T, P.O. Box 149104, Austin, Texas 78714-9104 or 333 Guadalupe, Austin, Texas 78701.

B. All information provided under this administrative rule shall be submitted on the Financial Matter Disclosure Report (Form Number T-G__) and is subject to the disclosure requirements in §2651.011(b).

1. Form Number T-G__ may be obtained from the Texas Department of Insurance, Title Examinations, Mail Code 106-2T, P.O. Box 149104, Austin, Texas 78714-9104 or 333 Guadalupe, Austin, Texas 78701, or from the Department’s website www.tdi.state.tx.us.

2. Form Number T-G__ should be submitted to the Texas Department of Insurance, Title Examinations, Mail Code 106-2T, P.O. Box 149104, Austin, Texas 78714-9104 or 333 Guadalupe, Austin, Texas 78701.

JUSTIFICATION

The proposed rule provides that an underwriter may provide information to the Department about a financial matter that may relate to the solvency of a title agent. The information is privileged information.