Issue 88.1
As the 88th Texas Legislative Session kicked off today, it is remarkable to think what a difference two years can make. When the 2020 session started there was a new Speaker of the House to elect and procedural rules to develop regarding Covid. Today, those issues are settled, plus a $32+ billion State budget surplus is on hand to address other problems. This session is off to a much more positive launch.
In a typical Texas Legislative Session nearly 7,000 proposed bills are filed before the deadline. This session’s filing deadline is March 12th. Early filing this session has been heavier than in years past with 1,631 prefilled bills as of January 9th.
The Texas Legislature meets for 140 days every other year and will adjourn this year on May 29, 2023. The first 60 days are restricted with no legislation that can be passed unless it is an appropriation or Governor declared emergency issue.
Below is our initial listing of proposed bills of interest we are tracking. Over the next 60 days there will be several memos regarding appointments of members to key committees and the Governor’s emergency items. Look for weekly updates on bills each Monday beginning in mid-March. At that time, we will add additional explanations to the bills that appear to have traction moving towards becoming law.
Proposed Bills of Interest
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
None until committee activity begins in March.
New Bills
HB 92 Landgraf, Brooks Relating to the authority of a municipality, county, or property owners’ association to prohibit or regulate certain activities on residence homestead property.
HB 207 Murr, Andrew Relating to the exclusion of certain conveyances from classification as sham or pretended sales.
HB 217 Murr, Andrew Relating to the limitation on the amount of a subcontractor’s lien for labor or materials.
HB 219 Noble, Candy Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor.
HB 264 Toth, Steve Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.
HB 287 Johnson, Julie Relating to payment of the replacement cost of damaged property under a homeowner’s, renter’s, or condominium owner’s insurance policy.
HB 523 Vasut, Cody 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.
HB 697 Holland, Justin Relating to seller’s disclosures regarding fuel gas piping in residential real property.
HB 709 Harris, Cody Relating to prohibiting the use of certain credit scores, including environmental, social, or governance scores and social credit scores, by certain financial institutions and other lenders in this state.
HB 738 Gonzalez, Jessica Relating to a right of first refusal applicable to the sale of housing developments that have received certain financial assistance administered by the Texas Department of Housing and Community Affairs.
HB 886 Shaheen Relating to requirements to file a property owners’ association assessment lien.
HB 1056 Hinojosa, Gina Relating to the registration of financial institutions and investment firms that lease residential real property.
HB 1057 Hinojosa, Gina Relating to restrictions on the purchase of a single-family home by an investment firm.
HJR 20 Toth, Steve Proposing a constitutional amendment authorizing the legislature to provide for exceptions to the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.
HJR 29 Schofield, Mike Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.
SB 62 Zaffirini, Judith Relating to posting certain documents and information related to certain real property sales on a county’s Internet website.
SB 147 Kolkhorst, Lois Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.
If you have questions about these specific bills or the Texas legislative process in general, please reach out to Doug Foster.
Doug Foster at Doug.Foster@mortgagelaw.com
Allan Polunsky at Allan.Polunsky@mortgagelaw.com