Issue 17 – May 24th
The House chose to recess for two days until 1:00pm Sunday as frustration builds between legislative leaders over which bills are moving or not. The calendar for those two cancelled days included voting scheduled on 71 Senate bills. With only a week left to consider bills, this will make the House Calendars Committee even more powerful in deciding the fate of Senate bills. Unless they were placed on the Local and Consent Calendar, all other Senate bills had to be placed on a General State Calander by 10:00pm last night and must receive their initial floor approval by Tuesday.
HB3115 regarding judgment liens on homestead property, may make it to the Governor’s desk. The Texas Constitution protects a person’s homestead from being foreclosed on by a judgment lien. However, there can be difficulty in identifying what land is a person’s homestead and whether a judgment lien attaches against said property. In 2007, the Legislature created Section 52.0012, of the Property Code, to address this problem. But it left some questions regarding proper notification and certainty of time period. HB3115 seeks to resolve these problems by creating a standard form of notification, proper means of delivery of the form and specific time frames in which a subsequent buyer can rely on the notification. A bona fide purchaser or a mortgagee is provided a release of record of a judgment lien for a 90-day period that begins on the 31st day after the date the judgment debtor has filed the required certificate, that is, provided a contradicting affidavit is not filed by the creditor in that same 31-day time period.
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 876 Craddick, Tom(R) Relating to fees charged by certain persons for the method used for payments made under an agreement. Passed the House, Passed the Senate. Sent to the Governor May 22nd
HB 1195 Reps. Geren, Goldman, Frullo, Meyer, Bonnen and 26 additional co-authors Relating to the franchise tax treatment of certain loans and grants made under the federal Coronavirus Aid, Relief, and Economic Security Act. Signed by the Governor May 8th, Effective Immediately
HB 1939 Smith, Reggie(R) Relating to the limitation periods for certain suits against real estate appraisers and appraisal firms. Passed the House, Passed the Senate. Sent to the Governor May 22nd
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 the House. Passed the Senate. Sent to the Governor May 20th
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, Passed the Senate and sent to the Governor May 14th
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. Passed the House with differences reconciled. Sent to the Governor May 12th
SB 885 Hughes, Bryan(R) Relating to the effect of recording a quitclaim deed. Passed the Senate, Passed the House and sent to the Governor May 12th
Bills being consider in Second Chamber
HB 738 Paul, Dennis(R) Relating to the residential building codes of municipalities. Passed the House, Passed the Senate. Amendments being considered by the House May 19th
HB 876 Craddick, Tom(R) Relating to fees charged by certain persons for the method used for payments made under an agreement. Passed by the House, Reported favorably by Senate Business and Commerce May 10th
HB 1153 Vo, Hubert(D) Relating to the applicability of the Texas Fair Housing Act to certain sales and rentals. Passed the House, Passed the Senate May 21st
HB 1258 Ashby, Trent (R) Relating to data matching with financial institutions to facilitate the collection of certain delinquent tax liabilities. Passed the House, Passed the Senate May 22nd
HB 1576 Parker, Tan(R) Relating to the creation of a work group on blockchain matters concerning this state. Passed the House, Passed the Senate. Amendments being considered by the House May 19th
HB 2183 Moody, Joe(D) Relating to durable powers of attorney and the construction of certain powers conferred in those powers of attorney. Passed the House, Recommended for Senate Local and Uncontested Calendar May 21st
HB 2199 Parker, Tan(R) Relating to the establishment of the digital identity work group. Passed the House, Recommended for Senate Local and Uncontested Calendar May 20th
HB 2237 Burrows, Dustin(R) Relating to mechanic’s, contractor’s, or materialman’s liens. Passed the House. Passed Senate May 22nd
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 House, Recommended for Senate Local and Uncontested Calendar May 21st
HB 3115 Shine, Hugh(D) Relating to the release of a judgment lien on homestead property. (Companion bill SB 1594) Passed the House, Recommended for Senate Local and Uncontested Calendar May 20th
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 House, Recommended for Senate Local and Uncontested Calendar May 21st
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 House, Recommended for Senate Local and Uncontested Calendar May 20th
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 House, Testimony taken in Senate Business and Commerce (Amended to include all the language of HB3472), Placed on Senate Local and Uncontested Calendar for May 24th
HB 3746 Capriglione, Giovanni(R) Relating to certain notifications required following a breach of security of computerized data. Passed the House, Recommended for Senate Local and Uncontested Calendar May 20th
HB 4477 Thompson, Senfronia(D) Relating to the financial exploitation of certain vulnerable adults. Passed the House, Passed the Senate May 22nd
HB 4564 Guillen, Ryan(D) Relating to posting a notice of a foreclosure sale on a county’s Internet website. Passed the full House, Referred to Senate Local Government May 12th
SB 30 West, Royce(D) Relating to the removal of certain discriminatory restrictions and provisions from certain real property records. Passed by the Senate. Passed the Senate. Placed on House Major State Calendar for May 24th
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 Senate, Passed the House. House Amendments accepted by the Senate May 19th