Vol. 12 – April 19th
This week’s focus on bills of big impact that might become law relates to preparing for the ever-growing role of technology in financial services. Texas has in recent years been a national leader in creating legal structure for things like remote on-line notaries led by TMBA General Counsel John Fleming. The three bills highlighted here, all sponsored by PIFS Vice Chair Rep. Tan Parker, seek to maintain this leadership role.
HB 1576 (Sent to Local & Consent Calendar April 12th) calls for the creation of a blockchain working group to develop a master plan including recommended policies, legislative actions, and state investments to promote the expansion of blockchain technology in Texas. HB 1977 (Reported favorably from PIFS April 9 th) exempts financial institutions that are already subject to federal GLBA requirements from Texas Business & Commercial §503.001 requirements regarding biometric identifiers such as retina or iris scan, fingerprint, voiceprint, or record of hand or face geometry. HB 2199 (Sent to Calendars April 13 th) establishing a 15-member digital identity work group to identify efficiencies and cost savings for governmental agencies, develop recommendations and policies with regard to digital identity technology.
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
HB 738 Paul, Dennis(R) Relating to the residential building codes of municipalities. Passed by the House. Referred to Senate Business and Commerce April 12th
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. Referred to Senate Business and Commerce April 13th
SB 30 West, Royce(D) Relating to the removal of certain discriminatory restrictions and provisions from certain real property records. Passed by the Senate. Scheduled for hearing April 21st, House Judicial and Civil Jurisprudence
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. Referred to House Pensions, Investments, and Financial Services April 12th
Floor Hearing in First Chamber
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 April 16th
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. Passed the full House April 16th
SB 1900 Zaffirini, Judith (D) Relating to the regulatory authority of the savings and mortgage lending commissioner; authorizing fees. (Companion bill HB 4309). Placed on Local & Uncontested calendar April 19th
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) Sent to Local & Consent Calendar April 15th
HB 1110 Johnson, Julie(D) Relating to payment of the replacement cost of damaged property under a residential property insurance policy. Sent to Calendars 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 15th
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 1202 Jetton, Jacey (F)(R) Relating to the amendment of a dedicatory instrument to remove a discriminatory provision. Companions: SB 602 Kolkhorst, Lois(R) Reported favorably April 14th
HB 1433 Capriglione, Giovanni(R) Relating to the payment of insurance deductibles and release of insurance proceeds to contractors for property insurance claims. Sent to Calendars April 12th
HB 1576 Parker, Tan(R) Relating to the creation of a work group on blockchain matters concerning this state. Sent to Local & Consent Calendar April 12th
HB 1939 Smith, Reggie(R) Relating to the limitations periods for certain suits against real estate appraisers and appraisal firms. Sent to Local & Consent Calendar April 13th
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. Sent to Calendars April 13th
HB 2199 Parker, Tan(R) Relating to the establishment of the digital identity work group. Sent to Calendars April 13th
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. Reported favorably as substituted April 13sh
HB 3115 Shine, Hugh(D) Relating to the release of a judgment lien on homestead property. (Companion bill SB 1594) Sent to Calendars April 15th
HB 3415 Goldman, Craig(R) Relating to the authority of certain counties to require photo identification to file certain documents with the county clerk. Reported favorably April 13th
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 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) Reported favorably April 14th
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 April 9th
HB 3746 Capriglione, Giovanni(R) Relating to certain notifications required following a breach of security of computerized data. Reported favorably April 14th
SB 885 Hughes, Bryan(R) Relating to the effect of recording a quitclaim deed. Recommended for local & uncontested calendar April 14th, State Affairs
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 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 1959 Swanson, Valoree(R) Relating to the maintenance of records and charging of fees by a notary public; increasing the amount of certain fees. Testimony taken April 14th, left pending, Judiciary and Civil Jurisprudence
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 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 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. Testimony taken April 16th, left pending. Pensions, Investments, and Financial Services.
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 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 3857 Shaheen, Matt(R) Relating to requirements to file a property owners’ association assessment lien. Testimony taken April 6th, left pending, Business and Industry
HB 4266 Shine, Senfronia(D) Relating to credit repair services performed by a credit services organization. Testimony taken April 14th, left pending, 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. Testimony taken April 14th, left pending, Pensions, Investments, and Financial Services.
HB 4564 Guillen, Ryan(D) Relating to posting a notice of a foreclosure sale on a county’s Internet website. Left pending in Committee April 8th, County Affairs
Committee Hearings Scheduled for this week
HB 1101 Beckley, Michelle(D) Relating to mandatory sales price disclosure in real property sales. (Refiled from 86R Session) Hearing scheduled April 20th, Business and Industry
HB 2424 Murr, Andrew(R) Relating to the definition of homestead. Hearing scheduled April 20th, Business and Industry
HB 3320 Landgraf, Brooks(R) Relating to the effect of recording a quitclaim deed. Hearing scheduled April 20th, Business and Industry
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.