Issue 89.17
Earlier Drama deteriorates to Reprisals in the Texas House
Director of Regulatory Affairs
SB2 to create Private School Vouchers is headed to the Governor for final approval. But not before exposing an increasing animosity between the parties. The House passed this bill on an almost straight party vote of 86-61. There are 62 Democrats in the Texas House. Two had excused absences, one reported in the House Journal their No vote didn’t register, and 59 Democrats voted No. Only two Republicans joined them in opposition to school vouchers (former Speaker Dade Phelan and District 1 Rep. VanDeaver).
The minority party Democrats have been presenting a very united front while they seek to exert their influence and represent their constituents’ interests in the 150 member House. Without holding any committee chairs positions for the first time in Texas House history, one way to exert control is blocking the passage of any Constitutional Amendments. Joint Resolutions, which are the means of putting constitutional amendments to a popular vote, require a minimum of 100 votes in the Texas House. Over the past two weeks the Democrats have blocked every joint resolution put forward. Near the end of last week Speaker Burrows postponed all joint resolution votes until April 28th. Underlying tensions are far from settled, leaving any progress Monday in doubt. Why is this important? Property tax relief agreed to by both chambers cannot be implemented without a joint resolution passing calling for an election to approve implementation.
There is also a second tactic being used by both parties in the past two weeks that is also disrupting progress. Rules for the Texas House are unique as they do not allow filibusters. However, members can engage in what has been termed for many decades as Chubbing. Chubbing typically is an end of session process that has nothing against the specific bills being chubbed. Its intent is to kill other bills further down the list when there are only a few days left. Members use their full ten minutes allotted by the House Rules for questions or discussion on a bill thereby slow walking the whole process to prevent unwanted or targeted bills further down the calendar’s list to be brought up for discussion.
The current hostility is much earlier in the session than any typical chubbing activity and is targeting the specific bills up for a vote, just because they are sponsored by the other party.
There are various levels of calendars the House uses every day to manage their workload. When a committee has a public hearing and votes out a bill it also recommends which calendar a bill should be assigned. The best assignment is to the Local and Consent Calendar. Members of both parties have voiced opposition or chubbed the other party’s bills listed on the Local and Consent Calendar. Such action results in the bill being remanded back to its committee of origin for a different type of floor calendar. Once that is completed it must be referred to the Calendars Committee to be reset again for some future date. These extra steps can easily kill a bill just based on timing.
A wild ride is always guaranteed at the end of every session. If this mean-spiritedness continues it adds another dimension of uncertainty for the thousands of bills still in process.
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
Pending Vote in second Chamber
SB 15 Bettencourt, Paul – Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee. (Companion HB3919) Voted favorably House Land and Resource Management April 17th
SB 17 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Voted favorably House Homeland, Public Safety, Veterans April 24th
SB 929 Johnson, Nathan – Relating to deadlines and time of inception for mechanic’s and materialman’s liens. Voted favorably House Trade, Workforce, Economic Development April 23rd
Sent to the Second Chamber
HB 2468 Harris, Cody – 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. Referred to Senate Business and Commerce on April 24th
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) Referred to House Ways and Means March 25th
SB 38 Bettencourt, Paul – Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises. Referred to House Judiciary and Civil Jurisprudence April 17th
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) Referred to House Trade, Workforce, Economic Development April 9th
SB 673 Hughes, Bryan – Relating to regulation of accessory dwelling units by political subdivisions. Received in the House April 14th
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 House Judiciary and Civil Jurisprudence April 17th
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) Referred to House Trade, Workforce, Economic Development April 9th
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) Referred to House Trade, Workforce, Economic Development April 17th
SB 1379 Flores, Pete – Relating to increasing the criminal penalties for forgery. Referred to House Criminal Jurisprudence April 22nd
SB 1547 Zaffirini, Judith – Relating to fees charged by county clerks for certain property records. (Companion HB3733) Referred to House Subcommittee on County Government April 9th
SB 1612 Johnson, Nathan – Relating to construction contract trust funds. Received in the House April 25th
SB 1643 Schwertner, Charles – Relating to prior approval of certain property and casualty insurance rate increases or decreases. Received in the House April 24th
SB 1734 West, Royce – Relating to status of certain documents or instruments purporting to convey title to or an interest in real property. (Companions HB4531) Received in the House April 25th
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) Referred to House Ways and Means April 9th
First Chamber Floor Vote Scheduled
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. First placed on Intent Calendar for March 27th, now on calendar for April 8th
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. Voted favorably out of committee April 16th. First placed on Intent Calendar for April 28th
SB 648 West, Royce – Relating to recording requirements for certain instruments concerning real property. Voted favorably out of committee April 16th. First placed on Intent Calendar for April 28th
SB 2117 Parker, Tan – Relating to the establishment of the Texas Committee on Foreign Investment to review certain transactions involving certain foreign entities. Voted favorably out of committee April 14th. First placed on Intent Calendar for April 28th
Reported Favorably, Committee Approved
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. Voted favorably out of committee April 8th House Judiciary and Civil Jurisprudence
HB 576 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. Voted favorably out of committee April 23rd left pending House Trade, Workforce, Economic Development
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. Voted favorably out of committee April 24th in House Ways and Means
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. Voted favorably out of committee as substituted April 24th House Delivery of Government Efficiency.
HB 3223 Leach, Jeff – Relating to statutes of limitation and repose for certain claims involving the construction or repair of an improvement to real property. Voted favorably out of committee April 15th House Judiciary and Civil Jurisprudence
HB 3250 Darby, Drew – Relating to the regulation of real estate appraisers and appraisal management companies. Voted favorably out of committee April 21st House Licensing and Administrative Procedures
HB 3287 Bell, Keith – Relating to construction contract trust funds. Voted favorably out of committee April 25th House Trade, Workforce, Economic Development
HB 3288 Bell, Keith – Relating to the application of funds under construction contracts. Voted favorably out of committee April 25th House Trade, Workforce, Economic Development
HB 3289 Bell, Keith – Relating to the payment of funds under construction contracts. Voted favorably out of committee April 15th House Trade, Workforce, Economic Development
HB 3290 Bell, Keith – 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. Voted favorably out of committee April 25th House Trade, Workforce, Economic Development
HB 4063 Ordaz, Claudia – Relating to the filing and release of record of a unilateral memorandum of contract concerning residential property. Voted favorably out of committee April 25th House Trade, Workforce, Economic Development
HB 4531 Bhojani, Salman – Relating to status of certain documents or instruments purporting to convey title to or an interest in real property. (Companions SB1734) Voted favorably out of committee April 25th in House Trade, Workforce, Economic Development
HB 4984 Lujan, John – Relating to certain deadlines and other timing factors affecting mechanic’s, contractor’s, or materialman’s liens. Voted favorably out of committee April 23rd in House Trade, Workforce, Economic Development
SB 372 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. Voted favorably out of committee April 23rd in House Trade, Workforce, Economic Development
SB 2610 Blanco, Cesar – Relating to civil liability of business entities in connection with a breach of system security. Voted favorably out of committee April 24th Senate Business and Commerce
Committee Hearings Scheduled or Left Pending Vote
HB 17 Hefner, Cole – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. (Companions HB1849, HB2536) Heard April 2nd left pending House Homeland, Public Safety, Veterans
HB 21 Gates, Gary – Relating to housing finance corporations. (Companion SB867) Heard March 18th left pending House Intergovernmental Affair
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. Voted favorably out of committee April 8th House Subcommittee on Property Tax Appraisals
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. (Companions HB523, HB4399) Heard March 20th in House Subcommittee on Property Tax Appraisals, returned to full committee April 3rd
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
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. Hearing set for April 28th in House State 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. Hearing set for April 24th in House Land and Resource Management
HB 3311 Swanson, Valoree – Relating to priority of payments for claims against a decedent’s estate. Heard March 31st in House Subcommittee on Family and Fiduciary
HB 3900 Guillen, Ryan – Relating to investment of local governments’ money in banks located in this state. Heard April 14th left pending House Pensions/Investments/Financial Services
HB 3919 Gates, Gary – Relating to size and density requirements for residential lots in certain municipalities. Heard April 3rd left pending House Land and Resource Management
HB 4166 Guillen, Ryan – Relating to an exemption for certain property owners from regulatory requirements for residential mortgage loan originators. Heard April 14th left pending House Pensions/Investments/Financial Services
HB 4350 Capriglione, Giovanni – Relating to the omission or redaction of certain personal information from certain real property records. Hearing set for April 21st in House Subcommittee on County Government
HB 4505 Bell, Cecil – Relating to the establishment of the workforce housing capital investment fund program to fund the development of workforce housing in this state. Heard April 15th left pending House Intergovernmental Affairs
HB 4558 Anchia, Rafael – Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property. Hearing set for April 30th in House Trade, Workforce, Economic Development
HB 4560 Anchia, Rafael – Relating to recording requirements for certain instruments concerning real property. Hearing set for April 30th in House Trade, Workforce, Economic Development
HB 5007 Lambert, Stan – Relating to the establishment of the Texas Committee on Foreign Investment to review certain transactions involving certain foreign entities. Hearing set for April 28th House State Affairs
HJR 102 Gervin-Hawkins, Barbara – Proposing a constitutional amendment to authorize the legislature to provide for an exemption from ad valorem taxation related to the installation of energy efficiency-related improvements. Hearing set for April 28th House Ways and Means
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. (Companion 4505) Heard April 24th left pending Senate Local Government
SB 673 Hughes, Bryan – Relating to regulation of accessory dwelling units by political subdivisions. Hearing set for May 1st in House Land and Resource Management
SB 867 Bettencourt, Paul – Relating to housing finance corporations. Heard April 14th left pending Senate Local Government
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. Heard April 14th left pending Senate State Affairs
SB 1333 Hughes, Bryan – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property. Hearing set for April 30th in House Trade, Workforce, Economic Development
SB 2221 Parker, Tan – Relating to the filing of a fraudulent financing statement in relation to certain secured transactions. Heard April 15th left pending Senate Business and Commerce
SB 2611 West, Royce – Relating to the status of certain documents or instruments concerning real or personal property. Heard April 22nd left pending 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/