Texas 2009 - 81st Regular

Texas Senate Bill SB1938

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the maintenance of certain interest-bearing accounts by escrow officers and the use of the interest on those accounts.

Impact

This legislative measure directly impacts the Insurance Code of Texas and introduces a structured approach for handling interest on escrow accounts. The bill requires escrow officers to remit the earned interest to the appropriate administrative entity quarterly, ensuring a transparent and regulated process. It also outlines the reporting requirements for escrow officers in regard to interest remittances, interest rates, and associated service charges, thereby fostering accountability and enhancing the regulatory framework for financial dealings in escrow.

Summary

Senate Bill 1938 addresses the management of interest-bearing accounts by escrow officers in Texas, particularly focusing on the maintenance and oversight of these accounts. The bill mandates that escrow officers establish interest-bearing accounts for funds that are either nominal in amount or are expected to be held for a short time. This is similar to the Interest on Lawyers Trust Account (IOLTA) system and is intended to improve how these funds are handled financially while generating interest for certain beneficiaries, such as the state or specific funds designated by the Texas Supreme Court.

Contention

While the bill seeks to clarify and regulate the practices of escrow officers, there may be points of contention surrounding the implementation and administrative burden it imposes on these professionals. Critics may argue about the potential for increased oversight restrictions and the additional requirements placed on escrow officers, which could complicate their operations. Supporters, however, would assert that these regulations are necessary for protecting consumer interests and ensuring the proper management of funds held in escrow.

Companion Bills

TX HB1852

Identical Relating to the maintenance of certain interest-bearing accounts by escrow officers and the use of the interest on those accounts.

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