Vol. 14 – May 3rd
“All that Glitters is not Gold.” – William Shakespeare or Led Zeppelin
There are bills making great progress in the Texas legislature that may not provide the best solution for Texas citizens. Two examples of this are HB1679 (headed to House floor) and HB2240 (passed House and received in the Senate). HB1679 would elevate a subcontractor’s lien ahead of the existing lien of a construction lender. Passage of this bill could lead to higher costs, larger equity down payments, or stricter underwriting standards for borrowers. HB2240 seeks to expand the types of Good Funds by allowing ACH (Automated Clearing House) payments so long as it “not be treated as a consumer payment with respect to chargeback and pullback consumer payment protections.” If this bill were to become Texas law, there are varying legal opinions that this removes consumer protection which will most certainly be reviewed by the CFPB potentially leading to Federal Preemption based on precedent in similar circumstances.
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-authorsRelating to the franchise tax treatment of certain loans and grants made under the federal Coronavirus Aid, Relief, and Economic Security Act. House concurs with Senate amendments. Passed by both chamber April 26th
Bills being consider in Second Chamber
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 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, Referred to Senate Business and Commerce April 19th
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
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 April 30th
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, Received in Senate April 19th
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 on a reconsidered vote April 30th
HB 1576 Parker, Tan(R) Relating to the creation of a work group on blockchain matters concerning this state. Passed the full House, Received in Senate April 26th
HB 1939 Smith, Reggie(R) Relating to the limitation periods for certain suits against real estate appraisers and appraisal firms. Passed the full House, Received in Senate April 26th
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, Received in Senate April 19th
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. Testimony taken April 20th, left pending, Senate Business and Commerce
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 April 30th
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 April 30th
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, Received in Senate April 27th
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 April 30th
HB 3746 Capriglione, Giovanni(R) Relating to certain notifications required following a breach of security of computerized data. Passed the full House April 30th
SB 30 West, Royce(D) Relating to the removal of certain discriminatory restrictions and provisions from certain real property records. Passed by the Senate. Testimony taken April 21st, left pending, 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. Reported favorably April 23rd, House Pensions, Investments, and Financial Services
SB 885 Hughes, Bryan(R) Relating to the effect of recording a quitclaim deed. Passed the Senate, Received in the House April 22nd
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, Reported favorably as amended April 23rd, Pensions, Investments, and Financial Services April 21st
Floor Hearing in First Chamber
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). Placed on General State Calendar May 4th
HB 2199 Parker, Tan(R) Relating to the establishment of the digital identity work group. Placed on General State Calendar May 3rd
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. Reported favorably April 9th
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) Reported favorably April 19th
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 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 2237 Burrows, Dustin(R) Relating to mechanic’s, contractor’s, or materialman’s liens. Reported favorably as substituted April 26th
HB 2424 Murr, Andrew(R) Relating to the definition of homestead. Reported favorably as substituted April 26th
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 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. Reported favorably April 28th
HB 4477 Thompson, Senfronia(D) Relating to the financial exploitation of certain vulnerable adults. Reported favorably as substituted April 23rd
HB 4564 Guillen, Ryan(D) Relating to posting a notice of a foreclosure sale on a county’s Internet website. Reported favorably as substituted April 23rd
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.
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 3320 Landgraf, Brooks(R) Relating to the effect of recording a quitclaim deed. Testimony taken April 20th, 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
HB 4309 Anchia, Raphael(D) Relating to the regulatory authority of the savings and mortgage lending commissioner; authorizing fees. Testimony taken April 16th, left pending, Pensions, Investments, and Financial Services.
Committee Hearings Scheduled for this week
No Tracked Bills
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.