Issue 88.4
Lt. Gov. Dan Patrick announced committee assignments on Monday January 23rd. The Senate’s longest serving Democrat, Senator John Whitmire, was the only Democrat to receive an appointment as a chairman. In 2013 prior to Lt. Gov. Patrick’s leadership, Democrats held six chairmanships or nearly one third of committees.
The Senate Committee on Business and Commerce (B&C) is typically the primary Senate committee for financial bills. Members of B&C named last week have a high familiarity with its issues and can be expected to be off to a quick and efficient start. This will be Chair Charles Schwertner’s second term as chair and fifth term on the B&C Committee. Three Senators will be serving a fourth term on the committee and two others will be serving their third terms.
House Speaker Phelan is under similar pressure to reduce the number of Democratic committee chairs. He has asked members for their committee preference forms by this past Thursday January 26th. Once those assignments are made, we will provide a similar profile for the House Pensions, Investments, and Financial Services (PIFS) Committee, where most relevant bills will be referred.
Weekly Highlight
• 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.
• 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. HJR 20 allows a Constitutional exception in statute. HB 264 defines the statutory exceptions as: a member of the armed or reserve forces or US Public Health Service both on active duty, or a spouse or surviving spouse of the afore mentioned groups, or a civilian employee of the federal government serving with the armed forces outside the USA. Additional exemptions granted for incarceration, or health or quarantine issues verified by a physician. Lack of presence in person may be resolved through remote online notarization, or through an agent acting under a durable power of attorney who is physically present. (This bill is supported by TMBA)
To read the full text of any of these bills you can go to Texas Legislature Online.
New Bills
• HB 1256 Holland, Justin – Relating to seller’s disclosure notice concerning special districts in which residential real property is located.
• HB 1319 Shine, Hugh – Relating to the electronic payments required or permitted under the Property Tax Code; authorizing a fee.
• 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.
• HB 1674 Holland, Justin – Relating to certain sales or purported sales of homestead property that are classified as loans. (Companion to SB 613)
• 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.
• SB 570 West, Royce – (SB 570 was previously filed in 87th Session as SB 265 and its companion HB 1470 Rodriguez, Eddie, but neither received committee hearings.) Relating to the prohibition of housing discrimination on the basis of a person’s source of income and to the enforcement of that prohibition.
• SB 613 Springer, Drew – Relating to certain sales or purported sales of homestead property that are classified as loans. (Companion to HB 1674)
Previously Reported 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 – (HB 217 was previously filed in 87th Session as HB 2621 but left pending in Committee without a vote.) Relating to the limitation on the amount of a subcontractor’s lien for labor or materials.
• 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.
• 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.
• 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 645 Toth, Steve – Relating to prohibiting financial institutions and other businesses from using value-based criteria.
• 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, 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.
• 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.
• 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)
• HB 1244 Shine, Hugh – (HB 1244 was previously filed in 87th Session as HB 991 but never received a committee hearing.) Relating to the authority of the owner of a residence homestead to receive a discount for making an early payment of the ad valorem taxes on the homestead.
• 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.
• HJR 29 Schofield, Mike – (HJR 29 was previously filed in 87th Session as HJR 43 but left pending in Committee without a vote.) 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.
• 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)
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 our firm’s attorneys or representatives at: https://www.mortgagelaw.com/our-team/