Issue 88.9 – Texas Advocacy Day at the Capitol
Director of Regulatory Affairs
We are fast approaching the March 10th deadline for filing bills during this session. There are rumors of thousands of bills pending in the Legislative Council offices and many may not be filed before the deadline. That makes the threat of unwanted bill amendments even higher. A watchful and informed eye will be needed for the remaining 80 days of this session.
One way that members of the Texas Mortgage Bankers Association can help ensure passage of only positive legislation is participating in TMBA Advocacy Day. This is an important opportunity to share your expertise on pending bills that both impact the mortgage industry and Texas homeowners.
TMBA Advocacy will be hosted March 20th and 21st. The event begins at 2:00pm at the Driskill Hotel in downtown Austin. Activities that day include presentations on overall legislative environment and specific bills of interest. Teams will also be formed to meet the following day with legislators or their staff. These are very brief, high-level discussions where a leave behind briefing sheet or contacts to the TMBA lobbyist are left for contact points if they have further questions. The main thing is for them to see you cared enough about your clients and their constituents to show up, so please register to participate.
Members of the Texas Bankers Association can participate in the 2023 Texas Bankers Blitz at the Capitol on April 4-5th.
Weekly Highlight
To read the full text of any of these bills you can go to Texas Legislature Online.
New Bills
• HB 2565 Shaheen, Matt – 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 SB 1568)
• SB 1374 Parker, Tan – 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.
• 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)
• SB 1578 Menendez, Jose – Relating to private transfer fee obligations. (Companion HB 2447)
Previously Reported Bills
• 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)
• 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 1012 González, Jessica – Relating to the prohibition of certain discrimination; authorizing civil penalties.
• 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 1075 Harris | Button | Jetton – Relating to certain property interests of a foreign government in agricultural land.
• 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.
• 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. (Companion SB768)
• 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.
• HB 1823 Sherman, Carl – Relating to certain documents or instruments purporting to convey real or personal property.
• HB 1844 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 HB4)
• HB 2127 Burrows, Dustin – Relating to state preemption of certain municipal and county regulation. (Companion to SB 814)
• 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.
• HB 2260 Kitzman, Stan – Relating to a seller’s disclosure of the location of certain real property in a floodplain.
• HB 2376 Meza, Terry – Relating to a conveyance of real property subject to an unexpired residential lease.
• HB 2447 Darby, Drew – Relating to private transfer fee obligations. (Companion SB 1578)
• HB 2632 Plesa, Mihaela – Relating to false, misleading, or deceptive advertising made in connection with a reverse mortgage loan agreement.
• 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.
• 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.
• HJR 124 Swanson, Valoree – Proposing a constitutional amendment to remove the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.
• 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)
• SB 552 Campbell, Donna – Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with agricultural land.
• 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)
• SB 711 Perry, Charles – Relating to the purchase of or other acquisition of title to real property by prohibited foreign actors.
• 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)
• SB 801 Hughes, Brian – Relating to an instrument that names a trust as a party.
• SB 814 Creighton, Brandon – Relating to state preemption of certain municipal and county regulation. (Companion to HB 2127)
• SB 836 Zaffirini, Judith – Relating to the collection of consumer debt incurred as a result of identity theft.
• SB 864 Hughes, Bryan – Relating to certain seller’s disclosures for the sale of residential real property.
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/