Issue 89.12
TMBA members promote agenda in Texas legislators’ offices
Director of Regulatory Affairs
Over 50 TMBA members led by General Counsel Mere Fowler carried the industry message to Texas legislators in Austin on the 24-25th of March. Meetings were scheduled throughout the day for each of the ten teams to visit with their own representative or key legislators and their staff. Several important areas of pending legislation were addressed and information sheets left behind in each meeting as highlighted below.
Foreign Ownership While fully supports reasonable measures to protect national
security interests, TMBA takes a neutral stance on the primary bills in this area. But there is still work to do on the 20 plus pending bills related to this issue. The related bill most likely to pass is SB17 , which we reported on in Areas of focus include: a) Clarifying what real property interests are covered; b) Limiting the bills to targeted foreign governments and entities owned or controlled directly or indirectly by the targeted governments; c) Clarifying how divestiture of prohibited transactions; and d) Clarifying the Attorney General’s Enforcement, Process and Safe Harbors.
Homeowners Insurance Costs (SB1006 & HB2067) would remove the burden from the policyholder to request an explanation for declining, canceling or nonrenewal of a policy and expands current requirements on insurers to provide written notice and reasons for declining.
Home Equity (HB957 & HJR75) would provide exceptions for a borrower who is not able to be physically present at the office of a title company, attorney, or lender to close a home equity loan. The exception applies to people who: a) are out of state on active duty in a military unit or civil unit assigned to overseas deployment or a member of US Health Service; b) have a disability or a health issue as verified by a written letter from a physician; or c) are incarcerated or under house arrest.
Other issues supported by the TMBA and presented in legislative meetings included support for Property Tax Relief; Financial Literacy (HB27, HB1331, SB1323); banning Predatory Contracts (HB4204, SB2957); Hardening or windstorm protection (HB1576, SB2924); and Artificial Intelligence (SB2966)
Weekly Highlight
To read the full text of any of these bills you can go to Texas Legislature Online. The designations you see for each bill represent HB – House Bill, SB – Senate Bill and HJR or SJR as House or Senate Joint Resolutions which relate to amendments to the Texas Constitution.
Bills on the Move
Sent to the Second Chamber
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) Received in the House Feb 18th.
SB 15 Bettencourt, Paul – Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee. (Companion HB3919) Received in the House March 20th.
SB 17 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Received in the House March 20th.
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. (Companion HB4301, HB4308, SB2113) Received in the House March 13th.
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 HB2611, SB4) Passed the Senate. Received in the House Feb 18th
First Chamber Floor Vote Scheduled
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) Passed the Senate on March 24th.
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. Voted favorably out of Senate Local Government on March 18th. Placed on Intent Calendar for March 25th.
SB 1379 Flores, Pete – Relating to increasing the criminal penalties for forgery. Voted favorably out of Senate Criminal Justice March 13th, Placed on Senate Calendar for March 24th.
Reported Favorably, Committee Approved
Committee Hearings Scheduled or Left Pending Vote
HB 21 Gates, Gary – Relating to housing finance corporations. (Companion SB867) Heard March 18th left pending House Intergovernmental Affair
HB 32 Button, Angie Chen – Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises. Heard March 12th left pending House Judiciary and Civil Jurisprudence
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. Heard March 20th left pending House Subcommittee on Property Tax Appraisals
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. Heard March 19th left pending House Delivery of Government Efficiency.
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. Heard March 17th left pending House Ways and Means
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. Hearing set for March 25th in Senate Criminal Justice.
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, HB2454, HB3003) Hearing set for March 24th in Senate Criminal Justice.
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/