Issue 89.6
Senate off and running while House still organizes
Director of Regulatory Affairs
In most of the past eight Texas legislative sessions we have already known House committee chairs and member assignments by February 1st. The exceptions have almost entirely been for those sessions headed by a brand new Speaker. The latest date for announcing these assignments was February 18, 2009, for the first term of Speaker Strauss. New Speakers have many IOUs to pay back. Historically most of the bills of interest to the mortgage and financial industry were assigned to two committees: Pensions Investments and Financial Services (PIFS), and Business and Industry. But in this session’s Organizational Rules the Business and Industry Committee was eliminated.
Lt. Gov. Dan Patrick announced committee assignments on January 17th, stating “With these committee appointments, the Texas Senate is hitting the ground running, ready to do the work the voters sent us to do.” Proving that point, the Senate on February 5th already passed its first bill SB2 on School Vouchers setting up what may be its biggest fight with the House this session.
The Senate Committee on Business and Commerce (B&C) is typically the primary Senate committee for hearing financial services related bills. Members appointed to the B&C in this session already have a high familiarity with its issues and can be expected to be off to a quick and efficient start once non-Emergency bills can be voted upon. This will be Chair Charles Schwertner’s third term as chair and sixth term on the B&C Committee. With only one exception the remaining ten Senators have all served on the committee for multiple terms.
Weekly Highlight
SB 372 Campbell, Donna
Our first highlighted bill is less about its importance and more about its likelihood of becoming law. Last session an identical bill SB1568 passed both chambers but was vetoed by the Governor as part of his retaliation against the legislature failing to pass property tax relief during the regular session. Given historically 80 percent of all bills filed fail, the odds are favorable for this bill becoming law. SB372 has been referred to Senate B&C committee and its companion bill is HB576. Both bills would codify what is already in practice but only currently through a Texas Attorney General Opinion (Opinion No. KP-0424).
Property Code Chapter 51 states “persons” as authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. This amends Sections 51.0001(7) and (8), Property Code to clarify that ‘persons” includes a “corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.
To read the full text of any of these bills you can go to Texas Legislature Online.
Bills on the Move
None until committee activity begins in March.
New Bills
HB 2327 Hopper, Andy Relating to eligibility for loans from the Veterans’ Land Board.
HB 2334 Hinojosa, Gina (HB 2334 was previously filed in 88th Session as HB 1057 it was left pending in Committee without a vote.) Relating to restrictions on the purchase of a single-family home by an investment firm.
HB 2389 Kerwin, Helen Relating to prohibiting the purchase of or acquisition of title to real property by and contracts or other agreements with certain aliens or foreign entities.
HB 2454 Toth, Steve Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling.
HB 2478 Talarico, James Relating to the reporting of certain information regarding medically necessary debt on a consumer report. (Companions HB 880, SB1000)
HB 2483 Curry, Pat Relating to an account for construction retainage.
HB 2484 Curry, Pat Relating to an account for construction retainage.
HB 2519 Holt, Janis Relating to disclosures required to record an instrument conveying real property.
HB 2536 Leach, Jeff Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. (Companion HB 1849)
HJR 108 Goodwin, Vikki (HJR 108 was previously filed in the 88th Session as HJR 188 and SJR 77 neither bill received a hearing) Proposing a constitutional amendment creating the workforce housing fund to facilitate the development of affordable workforce housing.
SB 585 West, Royce Relating to the reporting of certain criminal history record information on a consumer report.
SB 696 West, Royce Relating to limitations on the information reported by consumer reporting agencies.
SB 944 Hughes, Bryan Relating to judicial deference regarding an interpretation of law by a state agency.
SB 946 Hughes, Bryan Relating to the prohibition on certain discrimination in the extension of credit to organizations based on social credit or values-based standards.
SB 1063 Campbell, Donna Relating to prohibiting contracts or other agreements with foreign-owned companies in connection with agricultural land.
Previously Reported Bills
HB 191 Spiller, David Relating to the purchase of or acquisition of title to real property by certain foreign entities. (Companion HB 1566)
HB 243 Spiller, David (HB 243 was previously filed in 88th Session as HB 3470 but both that bill and its companion SB 1441 were left pending in Committee without a vote.) Relating to the authority of the attorney general to acquire by eminent domain certain real property owned by aliens or foreign entities.
HB 287 Harris Davila, Caroline Relating to an annual study by the Texas A&M University Texas Real Estate Research Center of the purchase and sale of single-family homes by certain institutional buyers.
HB 329 Bell, Cecil (HB 329 was previously filed in 88th Session as HB 5133 it was left pending in Committee without a vote.) Relating to a requirement that an appraisal review board rely on an appraisal of residential real property prepared by an appraiser and submitted to the board by the property owner.
HB 360 Vasut, Cody (HB 360 was previously filed in 88th Session as HB 523 it was left pending in Committee without a hearing.) Relating to the authority of an appraisal review board to direct changes in the appraisal roll and related appraisal records if a residence homestead is sold for less than the appraised value.
HB 402 Cain, Briscoe Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.
HB 414 Leo-Wilson, Terri Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling. (Companion HB 1076, HB2105, SB 465)
HB 518 Leo-Wilson, Terri Relating to the ownership of agricultural land by nonresident aliens or foreign entities.
HB 533 Cortez, Philip Relating to imposing liens for labor and supplies provided by cleaners.
HB 576 Shaheen, Matt (HB 576 was previously filed in 88th Session as HB 2565 it was left pending in Committee without a vote. Its companion SB1568 passed both chambers but was vetoed by the Governor.) Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. (Companion SB 372)
HB 733 Bell, Cecil Relating to verification of citizenship or legal residency for purposes of certain contracts for or concerning the purchase of residential real property located in platted subdivisions.
HB 851 Schofield, Mike Relating to the determination and reporting of the number of residence homesteads of certain property owners for which the owner is receiving certain ad valorem tax benefits.
HB 880 Lalani, Suleman Relating to the reporting of certain information regarding medically necessary debt on a consumer report.
HB 957 Toth, Steve (HB 957 was previously filed in 88th Session as HB 264 passing the House but was not assigned to a committee in the Senate.) Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.
HB 963 Toth, Steve (HB 963 was previously filed in 88th Session as HB 295 it was left pending in Committee without a vote. It was also filed in the 87th Session as HB 2284) Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem tax purposes.
HB 998 Toth, Steve (HB 998 was previously filed in 88th Session as HB 4513 it was left pending in Committee without a vote.) Relating to the authority of an individual, before purchasing real property to be used as the individual’s residence homestead, to request from the chief appraiser.
HB 1043 Bhojani, Salman Relating to a study by the General Land Office on the establishment and implementation by the General Land Office of a distributed ledger-based title registry pilot program.
HB 1076 Pierson, Katrina Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling. (Companions HB 414, HB2105, SB465)
HB 1104 Cole, Sheryl (HB 1104 was previously filed in 88th Session as HB 1168 it was left pending in Committee without a vote.) Relating to a program to provide housing vouchers to emergency medical services personnel in certain counties.
HB 1129 Lopez, Janie Relating to the eligibility of mental health professionals for the Homes for Texas Heroes home loan program.
HB 1139 Oliverson, Tom Relating to venue in certain actions involving a contract for an improvement to real property.
HB 1243 Guillen, Ryan Relating to the authority of spouses who occupy separate properties as their principal residences to each qualify the property in which they reside as their residence homestead for ad valorem tax purposes.
HB 1566 Patterson, Jared Relating to the purchase of or acquisition of title to real property by certain foreign entities. (Companion HB 191)
HB 1623 Louderback, AJ Relating to the eligibility of certain foreign individuals or entities for a limitation on the taxable value of property for school district maintenance and operations ad valorem tax purposes.
HB 1743 Little, Mitch Relating to the holding or acquisition of an interest in real property by or on behalf of certain foreign individuals or entities.
HB 1753 Manuel, Christian Relating to a court order for the exclusive occupancy of the primary residence or other residential property by a spouse during the pendency of a suit for dissolution of a marriage.
HB 1766 Landgraf, Brooks Relating to a requirement that an appraisal district rely on an appraisal of real property prepared by an appraiser and submitted to the district by the property owner when determining the value of the property.
HB 1849 Hefner, Cole Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities; creating a criminal offense.
HB 2016 Bucy, John Relating to the establishment of the housing Texas fund to be administered by the Texas Department of Housing and Community Affairs.
HB 2025 Tepper, Carl Relating to the filing for record of a plat, replat, or amended plat or replat of a subdivision of real property or a condominium.
HB 2105 Spiller, David Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling. (Companions HB 414, HB 1076, SB 465)
HB 2131 Dean, Jay Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants.
HJR 40 Swanson, Valoree (HJR 40 was previously filed in 88th Session as HJR 124 it was left pending in Committee without a vote.) Proposing a constitutional amendment to remove the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.
HJR 71 Schofield, Mike Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.
HJR 75 Toth, Steve Proposing a constitutional amendment authorizing the legislature to provide for exceptions to the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.
HJR 102 Gervin-Hawkins, Barbara Proposing a constitutional amendment to authorize the legislature to provide for an exemption from ad valorem taxation of the amount of the market value of residential real property.
SB 74 Zaffirini, Judith (SB 74 was previously filed in the 88th Session as SB 2426 it was left pending in Committee without a vote.) Relating to an exemption from residential mortgage loan originator licensing requirements.
SB 103 Hall, Bob Relating to prohibiting the purchase of or acquisition of title to real property by and contracts or other agreements with certain aliens or foreign entities.
SB 208 West, Royce Relating to the establishment of the workforce housing capital investment fund program to fund the development of workforce housing in this state.
SB 234 Johnson, Nathan Relating to the establishment of the workforce housing program by the Texas Department of Housing and Community Affairs.
SB 244 Flores, Pete Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem tax purposes.
SB 307 Kolkhorst, Lois Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.
SB 372 Campbell, Donna (SB372 was previously filed in 88th Session as SB 1568 it passed both chambers but was vetoed by the Governor.) Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. (Companion HB 576)
SB 443 Hinojosa, Chuy Relating to single-family homes held by corporate owners for rental purposes.
SB 465 Campbell, Donna Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants. (Companion HB 414, HB 1076, HB 2105)
SB 477 Middleton, Mayes (SB477 was previously filed in 88th Session as SB1065 it was left pending in Committee without a vote.) Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem tax purposes.
SB 534 Kolkhorst, Lois Relating to the statutes of limitations for certain suits to recover real property held by another in adverse possession.
SB 583 West, Royce Relating to lists of public real property suitable for use or to be developed for use as affordable housing by certain municipalities and counties.
SB 606 West, Royce Relating to requiring consumer reporting agencies to notify a consumer when inaccurate information in the consumer’s file is corrected. (Identical SB 695)
SB 647 West, Royce Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property.
SB 648 West, Royce Relating to recording requirements for certain instruments concerning real property.
SB 693 West, Royce Relating to creating a criminal offense for the use of a notary seal or counterfeit seal on a fraudulent document or instrument.
SB 695 West, Royce Relating to requiring consumer reporting agencies to notify a consumer when inaccurate information in the consumer’s file is corrected. (Identical SB 606)
SB 867 Bettencourt, Paul Relating to housing finance corporations.
SB 929 Johnson, Nathan (SB 929 was previously filed in 88th Session as HB 4301 which passed the house but was not taken up in committee in the Senate, identical bills HB4308 and SB2113 both did not receive a hearing.) Relating to deadlines and time of inception for mechanic’s and materialman’s liens.
SB 949 Parker, Tan Relating to prohibitions on deceptive and unfair practices related to financial institutions discriminating in the provision of financial services to consumers and other persons.
SB 960 Johnson, Nathan Relating to the establishment of the workforce housing program by the Texas Department of Housing and Community Affairs.
SB 1000 Blanco, Cesar Relating to the reporting of certain information regarding medically necessary debt on a consumer report.
If you have questions about these specific bills or the Texas legislative process in general, please reach out to Doug Foster or one of our firm’s attorneys or representatives at: https://www.mortgagelaw.com/our-team/