Vol. 11 – April 12th
This week’s focus on bills of big impact that might become law relates to the two biggest current regulatory fears regarding consumers’ personal identifiable information exposed by Third Party Vendors and Cyber Security breaches.
HB 4309 Anchia, Raphael(D) (scheduled PIFS April 16th) / SB 1900 Zaffirini, Judith (D) (Recommended for local & uncontested calendar April 8th) Relating to the regulatory authority of the savings and mortgage lending commissioner; authorizing fees. Although a very innocuous caption this bill grants sweeping authority to the SML Commissioner. It allows examination, charging of fees and taking enforcement against third party vendors of state savings banks. Similar authority has already been obtained by 38 banking departments around the country and have almost exclusively been used for review of core processors.
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 being consider in Second Chamber
HB 738 Paul, Dennis(R) Relating to the residential building codes of municipalities. Passed by the House. Received in the Senate April 8th
SB 30 West, Royce(D) Relating to the removal of certain discriminatory restrictions and provisions from certain real property records. Passed by the Senate. Referred to House Judicial and Civil Jurisprudence on April 7th
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. Received in the House April 7th
Floor Hearing in First Chamber
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 full House April 9th
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. Reported favorably April 8th.
HB 216 Ortega, Lina (D) Relating to residential mortgage loans, including the financing of residential real estate purchases by means of a wrap mortgage loan. (Companion bill SB 43, Refiled from 86R and 85R Sessions). Reported favorably March 31st
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. Sent to Calendars March 26th
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) Recommended to Local & Consent Calendar April 8th
HB 1110 Johnson, Julie(D) Relating to payment of the replacement cost of damaged property under a residential property insurance policy. Reported favorably as substituted March 30th
HB 1129 Lopez, Ray(D) Relating to false, misleading, or deceptive advertising made in connection with a reverse mortgage loan agreement. Reported favorably April 9th
HB 1153 Vo, Hubert(D) Relating to the applicability of the Texas Fair Housing Act to certain sales and rentals. Sent to Calendars April 7th
HB 1258 Ashby, Trent (R) Relating to data matching with financial institutions to facilitate the collection of certain delinquent tax liabilities Sent to Local & Consent Calendar April 9th
HB 1433 Capriglione, Giovanni(R) Relating to the payment of insurance deductibles and release of insurance proceeds to contractors for property insurance claims. Reported favorably as substituted March 30th
HB 1939 Smith, Reggie(R) Relating to the limitation periods for certain suits against real estate appraisers and appraisal firms. Sent to Local & Consent Calendar March 31st
HB 1977 Parker, Tan(R) Relating to the applicability of certain limitations on the capture and use of biometric identifiers to financial institutions. Reported favorably April 9th
HB 2183 Moody, Joe(D) Relating to durable powers of attorney and the construction of certain powers conferred in those powers of attorney. Reported favorably as substituted March 31st
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. Sent to Local & Consent Calendar April
HB 3115 Shine, Hugh(D) Relating to the release of a judgment lien on homestead property. (Companion bill SB 1594) Reported favorably as substituted April 8th
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. Reported favorably as substituted April 9th
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. Reported favorably as April 9th
SB 1900 Zaffirini, Judith (D) Relating to the regulatory authority of the savings and mortgage lending commissioner; authorizing fees. (Companion bill HB 4309). Recommended for local & uncontested calendar April 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 1202 Jetton, Jacey (F)(R) Relating to the amendment of a dedicatory instrument to remove a discriminatory provision. Companions: SB 602 Kolkhorst, Lois(R) Testimony taken April 6th, left pending, Business and Industry
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) Testimony taken April 6th, left pending, Business and Industry
HB 2237 Burrows, Dustin(R) Relating to mechanic’s, contractor’s, or materialman’s liens. Testimony taken April 6th, left pending, Business and Industry
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. Testimony taken April 1st, left pending. County Affairs
HB 2591 Leach, Jeff(R) Relating to the removal of certain unconstitutional provisions from real property records Testimony taken March 24th, left pending Judiciary and Civil Jurisprudence
HB 2621 Murr, Andrew(R) Relating to the limitation on the amount of a subcontractor’s lien for labor or materials. Testimony taken April 6th, left pending, Business and Industry
HB 3308 Lucio, Eddie III(D) Relating to the formation of special districts for the purpose of storm mitigation and resiliency, energy, water, and indoor air utilizing private funding sources; providing thereto the ability of specific entities to use conduit financing; and establishing specific consumer protection provisions for residential property owners related to the program. Testimony taken April 8th, left pending, County Affairs
HB 3415 Goldman, Craig(R) Relating to the authority of certain counties to require photo identification to file certain documents with the county clerk. Testimony taken April 1st, left pending County Affairs
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). Testimony taken March 31st, left pending Pensions, Investments, and Financial Services.
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) Testimony taken April 6th, left pending, Business and Industry
HB 3857 Shaheen, Matt(R) Relating to requirements to file a property owners’ association assessment lien. Testimony taken April 6th, left pending, Business and Industry
Committee Hearings Scheduled for this week
HB 1959 Swanson, Valoree(R) Relating to the maintenance of records and charging of fees by a notary public; increasing the amount of certain fees. Hearing Scheduled April 14th, Judiciary and Civil Jurisprudence
HB 3278 Noble, Candy(R) Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor Hearing Scheduled April 16th. Pensions, Investments, and Financial Services.
HB 4266 Shine, Senfronia(D) Relating to credit repair services performed by a credit services organization. Hearing Scheduled April 14th. Pensions, Investments, and Financial Services.
HB 4309 Anchia, Raphael(D Relating to the regulatory authority of the savings and mortgage lending commissioner; authorizing fees. Hearing Scheduled April 16th. Pensions, Investments, and Financial Services.
HB 4477 Thompson, Senfronia(D) Relating to the financial exploitation of certain vulnerable adults. Hearing Scheduled April 14th. Pensions, Investments, and Financial Services.
SB 885 Hughes, Bryan(R) Relating to the effect of recording a quitclaim deed. Hearing Scheduled April 12th, State Affairs
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.