Issue 15 – May 10th
There is a common saying that the legislature is where bills go to die. That time has now arrived. Approximately 80% of all bills filed in each Texas legislative session fail to pass. This past Saturday was the first weekend workday for House members as they too feel the pinch of time. We have dropped from our tracking this week the eleven bills that received a committee hearing but were never voted upon. Next week we will drop any house bills not through the Calendars Committee as their path to passage closes.
This week a significant amendment was made to SB43. The exemption for licensing for originating five or fewer residential mortgages in any rolling 12-month period was reduced to three. Long standing Savings and Mortgage Lending Department policy on aggregating control will be clearly authorized in statute when this bill passes. Many originators have abused licensing requirements by creating separate entities for every five originations. Although it is very difficult for the department to identify, once a complaint is filed structures are examined and at least during my term as commissioner, the FDIC control standards were applied: 1) Any entities with common ownership of 25 percent or more will be aggregated. 2) Any entities with common ownership between 10 and 25 percent would be aggregated with the right to rebuttable presumption, an extremely hard position to prove. 3) Only common ownership of 9.9 percent or less would not be aggregated.
Proposed Bills of Interest
To read the full text of any of bill go to Texas Legislature Online In the upper center section of the page, make sure the radial button is in on Bill Number and not Word/Phrase and type in your bill such as HB1 or SB1.
Bills on the Move
Bills headed to the Governor
HB 1195 Reps. Geren, Goldman, Frullo, Meyer, Bonnen and 26 additional co-authors Relating to the franchise tax treatment of certain loans and grants made under the federal Coronavirus Aid, Relief, and Economic Security Act. Signed by the Governor May 8th, Effective Immediately
SB 43 Zaffirini, Judith (D) Relating to residential mortgage loans, including the financing of residential real estate purchases by means of a wrap mortgage loan. (Companion bill HB 216, Refiled from 86R and 85R Sessions) Passed by the Senate. Passed the House in different format from Senate May 5th (Pending Senate Concurrence or Conference Committee to reconcile before going to Governor) (House amendment reduces the license exemption for all mortgages from five originations in a rolling 12-month period to three)
Bills being consider in Second Chamber
HB 738 Paul, Dennis(R) Relating to the residential building codes of municipalities. Passed by the House. Testimony taken May 4th, left pending, Senate Business and Commerce
HB 876 Craddick, Tom(R) Relating to fees charged by certain persons for the method used for payments made under an agreement. Passed the full House, Testimony taken May 6th, left pending, Senate Business and Commerce
HB 1110 Johnson, Julie(D) Relating to payment of the replacement cost of damaged property under a residential property insurance policy. Passed the full House April 30th, Received in the Senate May 3rd
HB 1153 Vo, Hubert(D) Relating to the applicability of the Texas Fair Housing Act to certain sales and rentals. Passed the full House, received in the Senate April 27th
HB 1202 Jetton, Jacey (F)(R) Relating to the amendment of a dedicatory instrument to remove a discriminatory provision. Companions: SB 602 Kolkhorst, Lois(R) Passed the full House, Received in the Senate May 3rd
HB 1258 Ashby, Trent (R) Relating to data matching with financial institutions to facilitate the collection of certain delinquent tax liabilities. Passed the full House, Referred to Senate Finance May 6th
HB 1433 Capriglione, Giovanni(R) Relating to the payment of insurance deductibles and release of insurance proceeds to contractors for property insurance claims. Passed the full House, Received in the Senate May 3rd
HB 1576 Parker, Tan(R) Relating to the creation of a work group on blockchain matters concerning this state. Passed the full House, Referred to Senate Business and Commerce May 6th
HB 1939 Smith, Reggie(R) Relating to the limitation periods for certain suits against real estate appraisers and appraisal firms. Passed the full House, Hearing scheduled in Senate Business and Commerce May 10th
HB 2199 Parker, Tan(R) Relating to the establishment of the digital identity work group. Passed the full House, Received in Senate May 5th
HB 2240 Smithee, John(R) Relating to the disbursement of funds from a trust fund account by a title insurance company, title insurance agent, or escrow officer. (Companion bill SB1958) Passed the full House, Referred to Senate Business and Commerce May 4th
HB 2414 Davis, Yvonne(D) Relating to the requirement that a person present photo identification to file a document in the real property records of a county. Passed the full House, Received in Senate April 28th
HB 2533 Darby, Drew(R) Relating to performance of an evaluation of real property for use by a financial institution. (Companion bill SB 996) Passed by the House. Passed by the House. Placed on Senate Intent Calendar for May 10th
HB 3415 Goldman, Craig(R) Relating to the authority of certain counties to require photo identification to file certain documents with the county clerk. Passed the full House, Received in the Senate May 3rd
HB 3510 Lambert, Stan(R) Relating to authorizing the Texas Finance Commission to ensure that employees of regulated entities may work from home under certain circumstances. Passed the full House, Received in the Senate May 3rd
HB 3529 Meyer, Morgan(R) Relating to consent for the use or possession of personal identifying information under the Identity Theft Enforcement and Protection Act. (Companion bill SB 571) Passed the full House, Testimony taken Senate Business and Commerce May 6th
HB 3617 Anchia, Raphael(D) Relating to certain qualifications and requirements of licensed mortgage companies and the regulation of the Department of Savings and Mortgage Lending. Passed the full House, Received in the Senate May 3rd
HB 3746 Capriglione, Giovanni(R) Relating to certain notifications required following a breach of security of computerized data. Passed the full House, Referred to Senate Business and Commerce May 6th
SB 30 West, Royce(D) Relating to the removal of certain discriminatory restrictions and provisions from certain real property records. Passed by the Senate. Passed by the Senate. Sent to House Calendars May 6th
SB 885 Hughes, Bryan(R) Relating to the effect of recording a quitclaim deed. Passed the Senate, Placed on House Local and Consent Calendar for May 8th
SB 1900 Zaffirini, Judith (D) Relating to the regulatory authority of the savings and mortgage lending commissioner; authorizing fees. (Companion bill HB 4309). Passed the full Senate, Sent to House Local and Consent Calendar May 6th
Floor Hearing in First Chamber
HB 2183 Moody, Joe(D) Relating to durable powers of attorney and the construction of certain powers conferred in those powers of attorney. Placed on General State Calendar for May 11th
HB 2237 Burrows, Dustin(R) Relating to mechanic’s, contractor’s, or materialman’s liens. Passed the full House May 8th
HB 2424 Murr, Andrew(R) Relating to the definition of homestead. Placed on Local and Consent Calendar for May 11th
HB 3115 Shine, Hugh(D) Relating to the release of a judgment lien on homestead property. (Companion bill SB 1594) Placed on General State Calendar for May 7th
HB 4477 Thompson, Senfronia(D) Relating to the financial exploitation of certain vulnerable adults. Passed the full House May 8th
HB 4564 Guillen, Ryan(D) Relating to posting a notice of a foreclosure sale on a county’s Internet website. Passed the full House May 8th
Reported Favorably (Committee Approved)
HB 191 Bernal, Diego(D) Relating to the prohibition of housing discrimination on the basis of sexual orientation or gender identity or expression and to the enforcement of that prohibition. Sent to Calendars April 19th
HB 875 Lopez, Ray(D) Relating to the prohibition of housing discrimination on the basis of age or certain housing needs and to the enforcement of that prohibition. Considered in Calendars April 23rd
HB 1059 Stephenson, Phil(R) Relating to a seller’s disclosure of the location of certain real property in a floodplain. Companions: SB 461 Kolkhorst, Lois(R) Sent to Local & Consent Calendar April 15th
HB 1129 Lopez, Ray(D) Relating to false, misleading, or deceptive advertising made in connection with a reverse mortgage loan agreement. Sent to Calendars April 29th
HB 1679 Ramiro, Jr., Ramon(D) Relating to the survival of a mechanic’s retainage lien after the foreclosure of a lien securing a construction loan. (Refiled in similar form from 86R and 85R Session) Sent to Calendars April 27th
HB 1878 Gates, Gary(R) Relating to municipal and county permitting requirements to conduct certain repairs on vacant residential buildings. Reported favorably May 4th
HB 1977 Parker, Tan(R) Relating to the applicability of certain limitations on the capture and use of biometric identifiers to financial institutions. Sent to Calendars April 21st
HB 3472 Deshotel, Joe(D) Relating to the investment and use of excess residential mortgage loan originator recovery fund fees; changing a fee (Companion bill SB 1791). Reported favorably April 23rd
HB 4266 Shine, Senfronia(D) Relating to credit repair services performed by a credit services organization. Sent to Calendars May 8th
Committee Hearings Held pending vote
HB 535 Shine, Hugh(R) Relating to the rate at which interest accrues in connection with the deferral or abatement of the collection of ad valorem taxes on the residence homestead of an individual who is elderly or disabled or a disabled veteran. Testimony taken March 8th, left pending. Ways and Means
HB 1101 Beckley, Michelle(D) Relating to mandatory sales price disclosure in real property sales. (Refiled from 86R Session) Testimony taken April 20th, left pending, Business and Industry
HB 2284 Toth, Steve(R) Relating to the physical presence of a borrower at the closing of a home equity loan. Testimony taken April 28th, left pending, Pensions, Investments, and Financial Services.
Previously Reported Bills
For a list of bills being tracked that have NOT been placed on a Committee Hearing calendar, please click here Previously Reported Bills. If these bills are eventually provided a hearing, they will be brought forward the Bills on the Move report.