Issue 88.14
Senate Bill 768 Data Security Breach Reporting
Director of Regulatory Affairs
Only one thing must be accomplished each legislative session and that is passage of a biennial state budget. The budget’s priority is reflected in the traditional designation as the first bill of each chamber SB1 and HB1. SB1 has cleared the Senate Finance Committee. Before HB1 received floor discussion this past Thursday there had already been over 400 pre-filed amendments. In a unique move by leadership, some 250 of these proposed amendments were moved to an unfunded portion of the budget at the start of debate. However, one amendment to ban school vouchers was taken up and passed on a vote of 86-52 in conflict with the desires of the Governor and Lt. Governor. The House budget version passed on a vote of 136-10. Budget differences from each chamber always end up being reconciled in a Conference Committee. The bill then faces a final hurdle, the governor’s signature. Texas has a “line-item veto,” allowing the governor to trim individual spending items from the bill.
Weekly Highlight
• SB 768 Parker, Tan -Proposed changes both automate and shorten the reporting requirements already in place when a data security breach occurs. The existing attorney general notification requirements for any data breach involving at least 250 Texas residents is reduced from 60 days to within 30 days. Going forward, the attorney general will only accept electronic reporting forms. The AG Office will continue to maintain a publicly accessible listing of reported breaches, while ensuring that sensitive information is not disclosed.
To read the full text of any of these bills you can go to Texas Legislature Online.
Bills on the Move
Bills being considered in Second Chamber
• HB 4 Capriglione, Giovanni – Relating to the regulation of the collection, use, processing, and treatment of consumers’ personal data by certain business entities; imposing a civil penalty. (Companion HB1844) Received in the Senate April 5th, Passed the House April 5th.
• SB 768 Parker, Tan – Relating to the process for notifying the attorney general of a breach of security of computerized data by persons doing business in this state. (Companion HB1660) Received in the House April 3rd, Passed the Senate April 3rd.
• SB 801 Hughes, Brian – Relating to an instrument that names a trust as a party. Received in the House March 20th. Passed the Senate March 16th.
Floor Hearing in First Chamber
• SB 62 Zaffirini, Judith – Relating to posting certain documents and information related to certain real property sales on a county’s Internet website. Recommended for Local/Uncontested Calendar April 6th.
• SB 1568 Campbell, Donna – Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. (Companion to HB 2565) Recommended for Local/Uncontested Calendar April 5th.
Reported Favorably (Committee Approved)
• 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. Reported favorably March 22nd. Agriculture
• HB 207 Murr, Andrew – Relating to the exclusion of certain conveyances from classification as sham or pretended sales. Reported favorably March 27th. Business and Industry
• HB 219 Noble, Candy – (HB 219 was previously filed in 87th Session as HB 3278 but left pending in Committee without a vote.) Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor. Reported favorably March 20th. Pensions, Investments and Financial Services
• HB 264 Toth, Steve – (HB 264 was previously filed in 87th Session as HB 2284 it was approved in Committee and sent to Calendars.) Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan. Reported favorably March 20th. Pensions, Investments and Financial Services
• HB 697 Holland, Justin – Relating to seller’s disclosures regarding fuel gas piping in residential real property. Reported favorably March 20th. Business and Industry
• HB 1195 Holland, Justin – Relating to the authority of a county to require photo Identification to file certain documents with the county clerk. This bill strikes the existing population threshold of 800,000 citizens and extends the existing authority to all Texas counties. (Companion to SB 319) Reported favorably March 30th. County Affairs
• HB 1704 Walle, Armando – Relating to the establishment of the workforce housing capital investment fund program to fund the development of workforce housing in this state; authorizing a fee. (Companion SB 2528) Reported favorably March 29th. Urban Affairs
• HB 2127 Burrows, Dustin – Relating to state preemption of certain municipal and county regulation. (Companion to SB 814) Reported favorably April 3rd. State Affairs
• HB 2427 Kuempel, John – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. (Companion SB 1222) Reported favorably March 29th. Licensing and Administrative Procedures
• HJR 20 Toth, Steve – (HJR 20 was previously filed in 87th Session as HJR 104 it was approved in Committee and sent to Calendars.) 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 Reported favorably March 20th. Pensions, Investments and Financial Services
• SB 1222 Zaffirini, Judith – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. (Companion HB 2427) Reported favorably April 4th. Business and Commerce
Committee Hearings Held (pending vote)
• HB 1674 Holland, Justin – Relating to certain sales or purported sales of homestead property that are classified as loans. (Companion to SB 613) Testimony to be taken April 3rd. Business and Industry
• HB 1823 Sherman, Carl – Relating to certain documents or instruments purporting to convey real or personal property. Testimony to be taken April 3rd. Business and Industry
• HB 4277 Longoria, Oscar – Relating to the right of a purchaser to terminate a contract of purchase and sale of real property for failure to provide notice that the property is located in a public improvement district. . (Companion to SB 1374) Testimony to be taken April 3rd. Business and Industry
• SB 147 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Testimony taken March 2nd, left pending. State Affairs
• SB 319 Hall, Bob – Relating to the authority of a county to require photo Identification to file certain documents with the county clerk. This bill strikes the existing population threshold of 800,000 citizens and extends the existing authority to all Texas counties. (Companion to HB 1195) Testimony taken April 3rd, left pending. Local Government
• SB 613 Springer, Drew – Relating to certain sales or purported sales of homestead property that are classified as loans. Testimony taken April 4, left pending. Business and Commerce
• SB 711 Perry, Charles – Relating to the purchase of or other acquisition of title to real property by prohibited foreign actors. Testimony taken March 2nd, left pending. State Affairs
• SB 814 Creighton, Brandon – Relating to state preemption of certain municipal and county regulation. Testimony taken April 4, left pending. Business and Commerce
To see the full list of bills of interest that we are tracking: 88th Texas Legislature – Polunsky Beitel Green (mortgagelaw.com)
If you have questions about these specific bills or the Texas legislative process in general, please reach out to Doug Foster or one of our firm’s attorneys or representatives at: https://www.mortgagelaw.com/our-team/