Issue 89.15
The Coup that Never was
Director of Regulatory Affairs
Last week Rep. Harrison introduced a resolution to Vacate the Speaker of the House position.
Our very first memo this session was titled the Real Politicians of Austin, detailing the drama leading up to the Speaker vote. Republican Rep. Burrows won the Speaker position with more Democratic votes than votes from his own party. Later we covered the delay in making committee assignments and the first ever appointment of all Republican committee chairs and all Democratic vice chairs. Finally, our memo four weeks ago discussed the record number of bills filed combined with the slow pace at which the House was referring and hearing bills.
All these factors came to a head last week in this attempted coup. But a motion to table the resolution to vacate passed the house on a vote of 141-2 further solidifying Speaker Burrows control. However, questions remain. At the time of tabling the vote to vacate last Wednesday, the House had only passed eight bills from the floor.
Saying there are still 50 days remaining in this session belies the numerous earlier deadlines. House bills must be reported out of committee by May 12th or just 28 days from now. We are tracking 95 House bills (54 Senate bills) with potential impact on the mortgage or financial services industry. As of today: only two of our watched House bills have been voted favorably out of committee; and 11 have received a hearing but are still pending for a vote in committee. The pace picks up some this week as eight more of our tracked bills have an initial hearing scheduled. Easter weekend traditionally kicks off the frantic activity level. The current status of each tracked bill is detailed below.
Following the attempt to vacate drama, the House passed a budget, the only action it is constitutionally required to accomplish. There are a few differences from the Senate passed budget to be reconciled through a Conference Committee. The biggest difference is the House zeroed out two state program’s budgets: Lottery Commission and Economic Development and Tourism. The $337 billion biennial budget still leaves $40 billion in projected revenue on the table due to spending caps.
Weekly Highlight
To read the full text of any of these bills you can go to Texas Legislature Online. The designations you see for each bill represent HB – House Bill, SB – Senate Bill and HJR or SJR as House or Senate Joint Resolutions which relate to amendments to the Texas Constitution.
Bills on the Move
Sent to the Second Chamber
SB 4 Bettencourt, Paul – Relating to an increase in the amount of the exemption of residence homesteads from ad valorem taxation by a school district and the protection of school districts against certain losses in local revenue. (Companions HB2611, SJR2) Referred to House Ways and Means March 25th
SB 15 Bettencourt, Paul – Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee. (Companion HB3919) Referred to House Land and Resource Management April 9th
SB 17 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Referred to House Homeland, Public Safety, Veterans April 9th
SB 372 Campbell, Donna – (SB372 was previously filed in 88th Session as SB1568 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) Referred to House Trade, Workforce, Economic Development April 9th
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. Received in the House April 10th
SB 929 Johnson, Nathan – (SB929 was previously filed in 88th Session as HB4301 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. (Companion HB4301, HB4308, SB2113) Referred to House Trade, Workforce, Economic Development April 9th
SB 1379 Flores, Pete – Relating to increasing the criminal penalties for forgery. Received in the House March 27th
SB 1547 Zaffirini, Judith – Relating to fees charged by county clerks for certain property records. (Companion HB3733) Referred to House Subcommittee on County Government April 9th
SJR 2 Bettencourt, Paul – Proposing a constitutional amendment to increase the amount of the exemption of residence homesteads from ad valorem taxation by a school district. (Companions HB2611, SB4) Referred to House Ways and Means April 9th
First Chamber Floor Vote Scheduled
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. Voted favorably out of Senate Local Government on March 18th. First placed on Intent Calendar for March 27th , now on calendar for April 8th
SB 1333 Hughes, Bryan – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property. (Companions HB414, HB1076, HB2454, HB3003) Voted favorably out of Senate State Affairs as substituted March 27th. Placed on Intent Calendar for April 14th
SB 1734 West, Royce – Relating to status of certain documents or instruments purporting to convey title to or an interest in real property. Voted favorably out of Senate Jurisprudence April 9th. Recommended for Local Uncontested Calendar for April 10th
Reported Favorably, Committee Approved
HB 32 Button, Angie Chen – Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises. Voted favorably out of committee April 8th House Judiciary and Civil Jurisprudence
HB 3223 Leach, Jeff – Relating to statutes of limitation and repose for certain claims involving the construction or repair of an improvement to real property. Voted favorably out of committee April 3rd House Judiciary and Civil Jurisprudence
SB 1612 Johnson, Nathan – Relating to construction contract trust funds. Voted favorably out of committee April 10th in Senate Business and Commerce
Committee Hearings Scheduled or Left Pending Vote
HB 17 Hefner, Cole – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. (Companions HB1849, HB2536) Heard April 2nd left pending House Homeland, Public Safety, Veterans
HB 21 Gates, Gary – Relating to housing finance corporations. (Companion SB867) Heard March 18th left pending House Intergovernmental Affair
HB 329 Bell, Cecil – (HB329 was previously filed in 88th Session as HB5133 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. Voted favorably out of committee April 8th House Subcommittee on Property Tax Appraisals
HB 360 Vasut, Cody – (HB360 was previously filed in 88th Session as HB523 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. (Companions HB523, HB4399) Heard March 20th in House Subcommittee on Property Tax Appraisals, returned to full committee
HB 576 Shaheen, Matt – Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. Heard April 9th left pending House Trade, Workforce, Economic Development
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. Heard March 19th left pending House Delivery of Government Efficiency.
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. Heard March 17th left pending House Ways and Means
HB 3250 Darby, Drew – Relating to the regulation of real estate appraisers and appraisal management companies. Heard April 8th left pending House Licensing and Administrative Procedures
HB 3287 Bell, Keith – Relating to construction contract trust funds. Hearing set for April 15th in House Trade, Workforce, Economic Development
HB 3288 Bell, Keith – Relating to the application of funds under construction contracts. Hearing set for April 15th in House Trade, Workforce, Economic Development
HB 3289 Bell, Keith – Relating to the payment of funds under construction contracts. Hearing set for April 15th in House Trade, Workforce, Economic Development
HB 3290 Bell, Keith – Relating to the time period for which certain funds payable under a construction contract must be reserved for the benefit of mechanic’s lien claimants. Hearing set for April 15th in House Trade, Workforce, Economic Development
HB 3311 Swanson, Valoree – Relating to priority of payments for claims against a decedent’s estate. Heard March 31st in House Subcommittee on Family and Fiduciary
HB 3900 Guillen, Ryan – Relating to investment of local governments’ money in banks located in this state. Hearing set for April 14th in House Pensions/Investments/Financial Services
HB 3919 Gates, Gary – Relating to size and density requirements for residential lots in certain municipalities. Heard April 3rd left pending House Land and Resource Management
HB 4063 Ordaz, Claudia – Relating to the filing and release of record of a unilateral memorandum of contract concerning residential property. Heard April 9th left pending House Trade, Workforce, Economic Development
HB 4166 Guillen, Ryan – Relating to an exemption for certain property owners from regulatory requirements for residential mortgage loan originators. Hearing set for April 14th in House Pensions/Investments/Financial Services
HB 4505 Bell, Cecil – Relating to the establishment of the workforce housing capital investment fund program to fund the development of workforce housing in this state. Hearing set for April 15th in House Intergovernmental Affairs
HB 4984 Lujan, John – Relating to certain deadlines and other timing factors affecting mechanic’s, contractor’s, or materialman’s liens. Hearing set for April 15th in House Trade, Workforce, Economic Development
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. Heard April 10th left pending Senate Business and Commerce
SB 648 West, Royce – Relating to recording requirements for certain instruments concerning real property. Heard April 10th left pending Senate Business and Commerce
SB 2117 Parker, Tan – Relating to the establishment of the Texas Committee on Foreign Investment to review certain transactions involving certain foreign entities. Heard April 10th left pending Senate State Affairs
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/