Issue 88.10
Bill Filing Closes & Committee Work Begins
Director of Regulatory Affairs
With the bill filing deadline behind us, the real work of the legislature over the next 60 days will be accomplished in the committee hearings. You will see below bills of interest that are already receiving hearings. In our future memos a link will be provided to all the reported bills included here. The format will narrow to only those bills moving forward. The chart displays the significant increase in bill filing compared to prior sessions. The subsequent columns reflect a historical warning to any hopeful bill about its chances of surviving to the point of becoming law.
Weekly Highlight
• 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. Clarifies the definitions of “substitute trustee” and “trustee” within Sections 51.0001(7) and (8), Property Code, for use of corporate trustee for foreclosure. The attorney General has already issued an opinion that this conclusion can be reached through definitions in other sections. (Companion SB 1568)
To read the full text of any of these bills you can go to Texas Legislature Online.
Bills on the Move
Reported Favorably (Committee Approved)
• SB 801 Hughes, Brian – Relating to an instrument that names a trust as a party. Reported favorably March 9th
Committee Hearings Held (pending vote)
• 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) Testimony to be taken March 13th. Business and Industry
• 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. Testimony taken March 1st, left pending, Agriculture
• HB 207 Murr, Andrew – Relating to the exclusion of certain conveyances from classification as sham or pretended sales. Testimony to be taken March 13th. 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. Testimony to be taken March 15th. 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. Testimony to be taken March 15th. Pensions, Investments and Financial Services
• HB 697 Holland, Justin – Relating to seller’s disclosures regarding fuel gas piping in residential real property. Testimony to be taken March 13th. Business and Industry
• HB 2127 Burrows, Dustin – Relating to state preemption of certain municipal and county regulation. (Companion to SB 814) Testimony to be taken March 15th. State Affairs
• 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 to be taken March 15th. County Affairs
• 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 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) Testimony to be taken March 14th. Business and Commerce
New Bills
• HB 3608 Hefner, Cole – Relating to the reappraisal for ad valorem taxation purposes of real property on which a building completely destroyed by a casualty is located. (Companion SB 1454)
• HB 3661 Leo-Wilson, Terri – Relating to the collection and publication of information regarding the use of environmental, social, or governance scores by certain financial institutions.
• HB 4301 Schofield, Mike – Relating to deadlines and time of inception for mechanic’s and materialman’s liens.
• HB 4513 Toth, Steve – Relating to the authority of an individual, before purchasing real property to be used as the individual’s residence homestead, to request from the chief appraiser of the applicable appraisal district a preliminary determination of whether the property would qualify for a disabled veteran exemption if purchased by the individual and used for that purpose.
• HB 5004 Capriglione, Giovanni – Relating to online notarizations. (Companion SB 1780)
• SB 1222 Zaffirini, Judith – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. (Companion HB 2427)
• SB 1454 Paxton, Angela – Relating to the reappraisal for ad valorem taxation purposes of real property on which a building completely destroyed by a casualty is located. (Companion HB 3608)
• SB 1683 Hughes, Brian – Relating to the prohibition on certain discrimination in the extension of credit based on social credit or value-based standards.
• SB 1780 Parker, Tan – Relating to online notarizations. (Companion HB 5004)
• SB 2113 Johnson, Nathan – Relating to deadlines and time of inception for mechanic’s and materialman’s liens. . (Companion HB 4301 and HB 4308)
• SB 2207 Parker, Tan – Relating to voidable provisions contained in certain construction contracts. (Companion HB 2657)
• SB 2426 Zaffirini, Judith – Relating to an exemption from residential mortgage loan originator licensing requirements.
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 – (HB 1012 was previously filed in 87th Session as HB 3860 but left pending in Committee without a vote.) 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. (Companion SB 2528)
• 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 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)
• HB 2632 Plesa, Mihaela – Relating to false, misleading, or deceptive advertising made in connection with a reverse mortgage loan agreement.
• HB 2657 Leach, Jeff –Relating to voidable provisions contained in certain construction contracts. (Companion to SB 2207)
• 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.
• 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)
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/