Issue 88.16
Attracting Appraisal Applicants.
Director of Regulatory Affairs
One thing you may notice in most of our bills of interest that are currently being addressed in the second chamber, is that they each have a companion bill. Companion bills refer to originally filing bills with identical language in each chamber. This can significantly shorten the entire process. As an example below, SB801 has passed the Senate and been referred to the House Committee on Business and Industry. Its companion bill HB4281 was heard in this same committee on April 17th and left pending a vote. This coming week, at the April 24th meeting, instead of voting on HB4281 the committee may choose to take up SB801 of identical language as a substitute and pass this bill on to the full house for its final voting.
Other companion pairs below in a similar position with the first bill having cleared its chamber and the second bill still left pending in its committee ready to be replaced include: HB2127 and SB814 (left pending in committee since April 4th); and SB768 and HB1660 (hearing scheduled April 24th).
Weekly Highlight
• SB 1222 Zaffirini, Judith – This bill is the fastest moving bill we are tracking. From the time it was approved out of committee in the Senate to the time it was approved out of committee in the House was only 16 days. The bill is an agency clean-up bill from the Texas Appraiser Licensing and Certification Board (TALCB). It seeks to remove barriers to new applicants as licensed appraisers. It clarifies what activities qualify for the experience requirement under USPAP standards. It also adds more transparency in the appraisal management complaint process by adding an investigative review committee. This committee must consist of at least two persons, of which the presiding officer must be a member of the TALCB. A written report must be submitted to the full board in a timely manner (undefined).
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.
• 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. Received in the Senate April 18th, Passed the House April 18th.
• 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. Received in the Senate April 19th, Passed the House April 19th.
• HB 697 Holland, Justin – Relating to seller’s disclosures regarding fuel gas piping in residential real property. Received in the Senate and referred to Business and Commerce April 19th, Passed the House April 13th.
• 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) Received in the Senate April 19th, Passed the House April 19th.
• HB 2127 Burrows, Dustin – Relating to state preemption of certain municipal and county regulation. (Companion to SB 814) Received in the Senate April 19th, Passed the House April 19th.
• SB 62 Zaffirini, Judith – Relating to posting certain documents and information related to certain real property sales on a county’s Internet website. Received in the House April 13th, Passed the Senate April 12th
• 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 and referred to Business and Industry April 12th, Passed the Senate April 3rd.
• SB 801 Hughes, Brian – Relating to an instrument that names a trust as a party. (Companion HB4281) Referred to House Business and Industry April 10th. Passed the Senate March 16th.
• SB 1222 Zaffirini, Judith – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. (Companion HB 2427) Referred to House Licensing and Administration April 17th, Passed the Senate April 13th.
• 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) Referred to House Business and Industry April 14th, Passed the Senate April 12th.
Floor Hearing in First Chamber
• HB 207 Murr, Andrew – Relating to the exclusion of certain conveyances from classification as sham or pretended sales. Set on Local and Consent Calendar April 20th.
• 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) Set on Local and Consent Calendar April 20th.
• SB 147 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Placed on Senate Calendar for April 20th.
• SB 1780 Parker, Tan – Relating to online notarizations. (Companion HB 5004 Recommended for Local Uncontested Calendar April 18th.
Reported Favorably (Committee Approved)
• 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 1823 Sherman, Carl – Relating to certain documents or instruments purporting to convey real or personal property. Reported favorably April 17th. Business and Industry
• HB 2427 Kuempel, John – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. (Companion SB 1222) Sent to Calendars April 11th. 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
Committee Hearings Held (pending vote)
• HB 886 Shaheen, Matt – (HB 886 was previously filed in 87th Session as HB 3857 but left pending in Committee without a vote.) Relating to requirements to file a property owners’ association assessment lien. Testimony taken April 17th, left pending. Business and Industry
• HB 1075 Harris | Button | Jetton – Relating to certain property interests of a foreign government in agricultural land. Testimony taken April 19th, left pending. State Affairs
• HB 1660 Capriglione, Giovanni – 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 SB768) . Testimony to be taken April 24th. Business and Industry
• HB 1674 Holland, Justin – Relating to certain sales or purported sales of homestead property that are classified as loans. (Companion to SB 613) Testimony taken April 3rd, left pending. Business and Industry
• HB 1963 Leach, Jeff –Relating to construction contract trust funds. Testimony taken April 17th, left pending. Business and Industry
• HB 2186 Davis, Yvonne – Relating to the authority of a county clerk to require a person to present photo identification to file a document in the real property records of a county. Testimony taken April 19th, left pending. County Affairs
• HB 2657 Leach, Jeff –Relating to voidable provisions contained in certain construction contracts. (Companion to SB 2207) Testimony taken April 17th, left pending. Business and Industry
• HB 2788 Jetton, Jacey – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities; creating a criminal offense. Testimony taken April 19th, left pending. State Affairs
• HB 2928 Turner, Chris –Relating to payment or application of funds under construction contracts. Testimony to be taken April 17th, left pending. 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 taken April 3rd, left pending Business and Industry
• HB 4281 Longoria, Oscar – Relating to an instrument that names a trust as a party. (Companion to SB 1374) Testimony taken April 17th, left pending. Business and Industry
• HB 4301 Schofield, Mike – Relating to deadlines and time of inception for mechanic’s and materialman’s liens. Testimony to be taken April 24th. Business and Industry
• 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 552 Campbell, Donna – Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with agricultural land. Testimony taken April 20th, left pending. State Affairs
• 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
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/