The First Bill of Interest Up for Vote in the House
Director of Regulatory Affairs
The Texas House of Representatives passed their first three bills out of the chamber on Thursday March 30th. Our first bill of interest to be considered by the full house is HB 4 highlighted below. Its low bill number is an indication it is a priority bill. When a bill is introduced before being sent to committee for public hearing that is considered its first reading. On Tuesday April 4th HB 4 will have its second reading. Bills are typically called up for their third reading as required by the Texas Constitution the following day. We can expect passage of this bill next Wednesday, where it will be sent to the Senate to start the process again.
• HB 4 Capriglione, Giovanni – Relating to the regulation of, the collection, use, processing, and treatment of consumers’ personal data, that is not publicly available, that can be identifiable to a specific individual. Businesses operating in Texas must conduct and document a data protection assessment meeting certain minimum requirements. Must establish two or more secure ways a consumer can submit requests regarding their personal data. Requests must receive a response no later than 45 days following a consumer expressing their desire to exercise their rights. Rights include seeking deletion of any personal data acquired other than directly from the consumer. Provides for a cure, if the business: corrects the violation, notifies the consumer including documentation and makes policy changes to ensure no further violations. The Attorney General is authorized to investigate and impose civil penalty not to exceed $7,500 per violation. A committee substitute to this bill postpones implementation until March 1, 2024
To read the full text of any of these bills you can go to Texas Legislature Online.
Bills on the Move
Bills being considered in Second Chamber
• SB 801 Hughes, Brian – Relating to an instrument that names a trust as a party. Received in the House March 20th. Passed the Senate March 16th.
Floor Hearing in First Chamber
• 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) Set on House Major State Calendar for April 4th Vote.
• 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) Recommended for Local/Uncontested Calendar March 27th.
Reported Favorably (Committee Approved)
• 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. Reported favorably March 22nd. Agriculture
• HB 207 Murr, Andrew – Relating to the exclusion of certain conveyances from classification as sham or pretended sales. Reported favorably March 27th. 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. Reported favorably March 20th. 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. Reported favorably March 20th. Pensions, Investments and Financial Services
• HB 697 Holland, Justin – Relating to seller’s disclosures regarding fuel gas piping in residential real property. Reported favorably March 20th. Business and Industry
• 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) Reported favorably March 30th. County Affairs
• 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) Reported favorably March 29th. Urban Affairs
• HB 2427 Kuempel, John – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. (Companion SB 1222) Reported favorably March 29th. Licensing and Administrative Procedures
• 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 Reported favorably March 20th. Pensions, Investments and Financial Services
Committee Hearings Held (pending vote)
• HB 1674 Holland, Justin – Relating to certain sales or purported sales of homestead property that are classified as loans. (Companion to SB 613) Testimony to be taken April 3rd. Business and Industry
• HB 1823 Sherman, Carl – Relating to certain documents or instruments purporting to convey real or personal property. Testimony to be taken April 3rd. Business and Industry
• HB 2127 Burrows, Dustin – Relating to state preemption of certain municipal and county regulation. (Companion to SB 814) Testimony taken March 15th, left pending. State Affairs
• HB 4277 Longoria, Oscar – 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. . (Companion to SB 1374) Testimony to be taken April 3rd. Business and Industry
• 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 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 1222 Zaffirini, Judith – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. (Companion HB 2427) Testimony taken March 30th, left pending. Business and Commerce
• 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) Testimony taken March 30th, left pending. State Affairs
To see the full list of bills of interest that we are tracking: 88th Texas Legislature – Polunsky Beitel Green (mortgagelaw.com)
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/