A title insurance company may not cover certain bankruptcy or fraudulent-transfer risks, and it may not do title-insurance business in Texas if it offers that prohibited coverage elsewhere, unless another state requires it.
Sec. 2502.006. CERTAIN EXTRA HAZARDOUS COVERAGES PROHIBITED. (a) A title insurance company may not insure against loss or damage sustained by reason of any claim that under federal bankruptcy, state insolvency, or similar creditor's rights laws the transaction vesting title in the insured as shown in the policy or creating the lien of the insured mortgage is: (1) a preference or preferential transfer under 11 U.S.C. Section 547; (2) a fraudulent transfer under 11 U.S.C. Section 548; (3) a transfer that is fraudulent as to present and future creditors under Section 24.005, Business & Commerce Code, or a similar law of another state; or (4) a transfer that is fraudulent as to present creditors under Section 24.006, Business & Commerce Code, or a similar law of another state. (b) The commissioner may by rule designate coverages that violate this section. It is not a defense against a claim that a title insurance company has violated this section that the commissioner has not adopted a rule under this subsection. (c) Title insurance issued in or on a form prescribed by the commissioner shall be considered to comply with this section. (d) Nothing in this section prohibits title insurance with respect to liens, encumbrances, or other defects to title to land that: (1) appear in the public records before the date on which the contract of title insurance is made; (2) occur or result from transactions before the transaction vesting title in the insured or creating the lien of the insured mortgage; or (3) result from failure to timely perfect or record any instrument before the date on which the contract of title insurance is made. (e) A title insurance company may not engage in the business of title insurance in this state if the title insurance company provides insurance of the type prohibited by Subsection (a) anywhere in the United States, except to the extent that the laws of another state require the title insurance company to provide that type of insurance. Added by Acts 2011, 82nd Leg., R.S., Ch. 1059 (S.B. 322), Sec. 1, eff. September 1, 2011. Added by Acts 2011, 82nd Leg., R.S., Ch. 1063 (S.B. 735), Sec. 1, eff. September 1, 2011. SUBCHAPTER B. REBATES AND DISCOUNTS