Issue 89.8
Proposed bills start vetting process and public testimony.
Director of Regulatory Affairs
With committee assignments completed for both chambers we are beginning to see bills referred to committee and voted upon (shown in red below). For the remaining 98 days of this session our tracking will detail each step along the way through additional subtitles to measure progress. The process begins with a bill’s First Reading on the floor of its respective chamber before being referred to an appropriate committee for hearing. The first acknowledgement of progress is receiving a hearing date. Bills are almost never voted on in committee the day a bill is laid out and testimony is received. Once a bill comes out of committee successfully it must be placed on the floor calendar.
The Lt. Governor controls the floor schedule in the Senate. For the House there are both multiple committees setting the schedule as well as multiple calendars. The best thing for a bill is to land on the Local and Consent Calendar. Short of that goal, a bill faces many choke points to make it to the floor. A vote by the full chamber on a committee approved bill is called its Second Reading. During this time a bill may also find itself amended. One defense is a very tight captioning (the description of each bill used in the tracking below). Any amendments must be relevant to the caption. After completing this stage, a bill will normally be scheduled the following day for its Third Reading or final vote for passage in that chamber. A bill must then repeat the same entire process in the other chamber.
This is where a companion bill (identical language in different bills) can become valuable. As an example, if a Senate bill is passed and sent to the House where its house version companion bill has been heard in committee but left pending (not voted upon), it can be substituted and short cut a lot of time delays. Sometimes an amendment or change will be made during the approval process of the second chamber. This then requires the appointment of a Conference Committee to reconcile the differences. In the last session current Speaker Burrows was the House go-to guy for Conference Committees, serving on twelve such bill reconciling committees. When those committee members of each chamber issue their revised and reconciled bill each chamber must vote up or down with no additional changes allowed. The final step is up to the Governor, a process we will go into greater depth toward the end of the session.
Weekly Highlight
To read the full text of any of these bills you can go to Texas Legislature Online.
Bills on the Move
SB 372 Campbell, Donna (SB372 was previously filed in 88th Session as SB1568 it passed both chambers but was vetoed by the Governor.) Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. (Companion HB 576) Testimony taken, left pending. Senate Business and Commerce.
SB 929 Johnson, Nathan (SB929 was previously filed in 88th Session as HB4301 which passed the house but was not taken up in committee in the Senate, identical bills HB4308 and SB2113 both did not receive a hearing.) Relating to deadlines and time of inception for mechanic’s and materialman’s liens. Hearing set for Feb. 27th Senate Business and Commerce.
SJR 2 Bettencourt, Paul – Proposing a constitutional amendment to increase the amount of the exemption of residence homesteads from ad valorem taxation by a school district. (Companions SB4, SJR2) Passed the Senate Feb 13th. Received in the House
New Bills
HB 2611 Raymond, Richard – Relating to an increase in the amount of the exemption of residence homesteads from ad valorem taxation by a school district and the protection of school districts against certain losses in local revenue. (Companion SB4, SJR2)
HB 2910 Hinojosa, Gina – Relating to single-family homes held by corporate owners for rental purposes. (Companion SB443)
HB 2968 Talarico, James – Relating to single-family homes held by corporate owners for rental purposes.
HB 3003 Leach, Jeff – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling. (Companions HB414, HB1076, HB2105, HB2454, SB465, SB1333)
HJR 147 Bhojani, Salman – Proposing a constitutional amendment to authorize the legislature to provide for a limitation on the maximum appraised value for ad valorem tax purposes of residential real property leased to an elderly person.
SB 4 Bettencourt, Paul – Relating to an increase in the amount of the exemption of residence homesteads from ad valorem taxation by a school district and the protection of school districts against certain losses in local revenue. (Companions HB2611, SJR2)
SB 1333 Hughes, Bryan – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property. (Companions HB414, HB1076, HB2105, HB2454, HB3003, SB465)
SB 1379 Flores, Pete – Relating to increasing the criminal penalties for forgery.
SB 1530 Hinojosa, Chuy – Relating to the time period for which certain funds payable under a construction contract must be reserved for the benefit of mechanic’s lien claimants.
SJR 2 Bettencourt, Paul – Proposing a constitutional amendment to increase the amount of the exemption of residence homesteads from ad valorem taxation by a school district. (Companions SB4, SJR2)
Previously Reported Bills
HB 191 Spiller, David – Relating to the purchase of or acquisition of title to real property by certain foreign entities. (Companion HB1566)
HB 243 Spiller, David – (HB243 was previously filed in 88th Session as HB3470 but both that bill and its companion SB1441 were left pending in Committee without a vote.) Relating to the authority of the attorney general to acquire by eminent domain certain real property owned by aliens or foreign entities.
HB 287 Harris Davila, Caroline – Relating to an annual study by the Texas A&M University Texas Real Estate Research Center of the purchase and sale of single-family homes by certain institutional buyers.
HB 329 Bell, Cecil – (HB329 was previously filed in 88th Session as HB5133 it was left pending in Committee without a vote.) Relating to a requirement that an appraisal review board rely on an appraisal of residential real property prepared by an appraiser and submitted to the board by the property owner.
HB 360 Vasut, Cody – (HB360 was previously filed in 88th Session as HB523 it was left pending in Committee without a hearing.) 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 402 Cain, Briscoe – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.
HB 414 Leo-Wilson, Terri – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling. (Companion HB1076, HB2105, HB2454, HB3003, SB465, SB1333)
HB 518 Leo-Wilson, Terri – Relating to the ownership of agricultural land by nonresident aliens or foreign entities.
HB 533 Cortez, Philip – Relating to imposing liens for labor and supplies provided by cleaners.
HB 576 Shaheen, Matt – (HB576 was previously filed in 88th Session as HB2565 it was left pending in Committee without a vote. Its companion SB1568 passed both chambers but was vetoed by the Governor.) Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. (Companion SB372)
HB 733 Bell, Cecil – Relating to verification of citizenship or legal residency for purposes of certain contracts for or concerning the purchase of residential real property located in platted subdivisions.
HB 851 Schofield, Mike – Relating to the determination and reporting of the number of residence homesteads of certain property owners for which the owner is receiving certain ad valorem tax benefits.
HB 880 Lalani, Suleman – Relating to the reporting of certain information regarding medically necessary debt on a consumer report.
HB 957 Toth, Steve – (HB957 was previously filed in 88th Session as HB264 passing the House but was not assigned to a committee in the Senate.) Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.
HB 963 Toth, Steve – (HB963 was previously filed in 88th Session as HB295 it was left pending in Committee without a vote. It was also filed in the 87th Session as HB2284) Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem tax purposes.
HB 998 Toth, Steve – (HB998 was previously filed in 88th Session as HB4513 it was left pending in Committee without a vote.) 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.
HB 1043 Bhojani, Salman – Relating to a study by the General Land Office on the establishment and implementation by the General Land Office of a distributed ledger-based title registry pilot program.
HB 1076 Pierson, Katrina – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling. (Companions HB 414, HB2105, HB 2454, HB3003, SB465, SB1333)
HB 1104 Cole, Sheryl – (HB1104 was previously filed in 88th Session as HB1168 it was left pending in Committee without a vote.) Relating to a program to provide housing vouchers to emergency medical services personnel in certain counties.
HB 1129 Lopez, Janie – Relating to the eligibility of mental health professionals for the Homes for Texas Heroes home loan program.
HB 1139 Oliverson, Tom – Relating to venue in certain actions involving a contract for an improvement to real property.
HB 1243 Guillen, Ryan – Relating to the authority of spouses who occupy separate properties as their principal residences to each qualify the property in which they reside as their residence homestead for ad valorem tax purposes.
HB 1566 Patterson, Jared – Relating to the purchase of or acquisition of title to real property by certain foreign entities. (Companion HB191)
HB 1623 Louderback, AJ – Relating to the eligibility of certain foreign individuals or entities for a limitation on the taxable value of property for school district maintenance and operations ad valorem tax purposes.
HB 1743 Little, Mitch – Relating to the holding or acquisition of an interest in real property by or on behalf of certain foreign individuals or entities.
HB 1753 Manuel, Christian – Relating to a court order for the exclusive occupancy of the primary residence or other residential property by a spouse during the pendency of a suit for dissolution of a marriage.
HB 1766 Landgraf, Brooks – Relating to a requirement that an appraisal district rely on an appraisal of real property prepared by an appraiser and submitted to the district by the property owner when determining the value of the property.
HB 1849 Hefner, Cole – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities; creating a criminal offense.
HB 2016 Bucy, John – Relating to the establishment of the housing Texas fund to be administered by the Texas Department of Housing and Community Affairs.
HB 2025 Tepper, Carl – Relating to the filing for record of a plat, replat, or amended plat or replat of a subdivision of real property or a condominium.
HB 2105 Spiller, David – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling. (Companions HB414, HB1076, HB2454, HB3003, SB 465, SB1333, SB1333)
HB 2131 Dean, Jay – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants.
HB 2327 Hopper, Andy – Relating to eligibility for loans from the Veterans’ Land Board.
HB 2334 Hinojosa, Gina – (HB2334 was previously filed in 88th Session as HB1057 it was left pending in Committee without a vote.) Relating to restrictions on the purchase of a single-family home by an investment firm.
HB 2389 Kerwin, Helen – Relating to prohibiting the purchase of or acquisition of title to real property by and contracts or other agreements with certain aliens or foreign entities.
HB 2454 Toth, Steve – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants of a dwelling. (Companion HB414, HB1076, HB2105, HB3003, SB 465, SB1333)
HB 2478 Talarico, James – Relating to the reporting of certain information regarding medically necessary debt on a consumer report. (Companions HB880, SB1000)
HB 2483 Curry, Pat – Relating to an account for construction retainage.
HB 2484 Curry, Pat – Relating to an account for construction retainage.
HB 2519 Holt, Janis – Relating to disclosures required to record an instrument conveying real property.
HB 2536 Leach, Jeff – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. (Companion HB1849)
HB 2628 Leo-Wilson, Terri – Relating to the purchase of or acquisition of title to real property by foreign organizations.
HB 2752 Vasut, Cody – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.
HJR 40 Swanson, Valoree – (HJR40 was previously filed in 88th Session as HJR124 it was left pending in Committee without a vote.) 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.
HJR 71 Schofield, Mike – Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.
HJR 75 Toth, Steve – 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 102 Gervin-Hawkins, Barbara – Proposing a constitutional amendment to authorize the legislature to provide for an exemption from ad valorem taxation of the amount of the market value of residential real property.
HJR 108 Goodwin, Vikki – (HJR108 was previously filed in the 88th Session as HJR188 and SJR77 neither bill received a hearing) Proposing a constitutional amendment creating the workforce housing fund to facilitate the development of affordable workforce housing.
SB 74 Zaffirini, Judith – (SB74 was previously filed in the 88th Session as SB2426 it was left pending in Committee without a vote.) Relating to an exemption from residential mortgage loan originator licensing requirements. Referred to Senate Business and Commerce.
SB 103 Hall, Bob – Relating to prohibiting the purchase of or acquisition of title to real property by and contracts or other agreements with certain aliens or foreign entities. Referred to Senate State Affairs.
SB 208 West, Royce – Relating to the establishment of the workforce housing capital investment fund program to fund the development of workforce housing in this state. Referred to Senate Local Government.
SB 234 Johnson, Nathan – Relating to the establishment of the workforce housing program by the Texas Department of Housing and Community Affairs. Referred to Senate Local Government.
SB 244 Flores, Pete – Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem tax purposes. Referred to Senate Local Government.
SB 307 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Referred to Senate State Affairs.
SB 443 Hinojosa, Chuy – Relating to single-family homes held by corporate owners for rental purposes. Referred to Senate State Affairs.
SB 465 Campbell, Donna – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property, including the removal of certain unauthorized occupants. (Companion HB414, HB1076, HB2105, HB2454, HB3003, SB1333) Referred to Senate Local Government.
SB 477 Middleton, Mayes – (SB477 was previously filed in 88th Session as SB1065 it was left pending in Committee without a vote.) Relating to the limitation on increases in the appraised value of a residence homestead for ad valorem tax purposes. Referred to Senate Local Government.
SB 534 Kolkhorst, Lois – Relating to the statutes of limitations for certain suits to recover real property held by another in adverse possession. Referred to Senate State Affairs.
SB 583 West, Royce – Relating to lists of public real property suitable for use or to be developed for use as affordable housing by certain municipalities and counties. Referred to Senate Local Government.
SB 585 West, Royce – Relating to the reporting of certain criminal history record information on a consumer report. Referred to Senate Business and Commerce.
SB 606 West, Royce – Relating to requiring consumer reporting agencies to notify a consumer when inaccurate information in the consumer’s file is corrected. (Identical SB695) Referred to Senate Business and Commerce.
SB 647 West, Royce – Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property. Referred to Senate Business and Commerce.
SB 648 West, Royce – Relating to recording requirements for certain instruments concerning real property. Referred to Senate Business and Commerce.
SB 693 West, Royce – Relating to creating a criminal offense for the use of a notary seal or counterfeit seal on a fraudulent document or instrument. Referred to Senate Criminal Justice.
SB 695 West, Royce – Relating to requiring consumer reporting agencies to notify a consumer when inaccurate information in the consumer’s file is corrected. (Identical SB606) Referred to Senate Business and Commerce.
SB 696 West, Royce – Relating to limitations on the information reported by consumer reporting agencies. Referred to Senate Business and Commerce.
SB 867 Bettencourt, Paul – Relating to housing finance corporations. Referred to Senate Local Government.
SB 944 Hughes, Bryan – Relating to judicial deference regarding an interpretation of law by a state agency. Referred to Senate Business and Commerce.
SB 946 Hughes, Bryan – Relating to the prohibition on certain discrimination in the extension of credit to organizations based on social credit or values-based standards. Referred to Senate State Affairs.
SB 949 Parker, Tan – Relating to prohibitions on deceptive and unfair practices related to financial institutions discriminating in the provision of financial services to consumers and other persons. Referred to Senate Business and Commerce.
SB 960 Johnson, Nathan – Relating to the establishment of the workforce housing program by the Texas Department of Housing and Community Affairs. Referred to Senate Local Government.
SB 1000 Blanco, Cesar – Relating to the reporting of certain information regarding medically necessary debt on a consumer report. Referred to Senate Business and Commerce.
SB 1063 Campbell, Donna – Relating to prohibiting contracts or other agreements with foreign-owned companies in connection with agricultural land.
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/