HB 1195 and County’s ability to require Photo ID’s
Director of Regulatory Affairs
Once again, we are truncating this weekly report by dropping the section at the bottom titled Committee Hearing Pending Vote (if some still make it through, we will pick them up in the Reported Favorably section). We initially identified 68 bills worthy of keeping a close watch upon this session and have now left 45 of those bills on the wayside. The window to becoming law continues to close with each passing day. Also, tensions between the priorities of each chamber are raising the stakes that some bills will be blocked from moving forward. Adjournment is still a month away on May 29th, but the first crucial cutoff date is May 8th, when all house bills must be reported out of committee to the Calendars Committee. But successfully clearing this first deadline still leaves an arduous journey with very little time remaining.
• HB 1195 Holland, Justin – Relating to the authority of a county to require photo Identification to file certain documents with the county clerk. Falsification of signature on a deed has caused homeowners to lose their home and potential homeowners to purchase a home that does not actually belong to the person that signed over the property. Currently, a county clerk may require a photo identification for the filing of certain documents only in a county with a population of 800,000 or more. This bill seeks to ensure that more counties have the ability to verify the identity of someone filing a property record in person by extending this verification authority to any county that allows for the electronic filing of documents in the county’s real property records.
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
• 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) Received in the Senate April 5th, Passed the House April 5th.
• 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. Referred to Senate Local Government April 20th, Passed the House April 18th.
• HB 207 Murr, Andrew – Relating to the exclusion of certain conveyances from classification as sham or pretended sales. Referred to Senate Business and Commerce April 24th, Passed the House April 20th.
• 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. Referred to Senate Business and Commerce April 24th, Passed the House April 19th.
• HB 697 Holland, Justin – Relating to seller’s disclosures regarding fuel gas piping in residential real property. Referred to Senate Business and Commerce April 19th, Passed the House April 13th.
• 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) Referred to Senate Local Government April 24th, Passed the House April 20th.
• 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) Referred to Senate Business and Commerce April 20th, Passed the House April 19th.
• HB 2127 Burrows, Dustin – Relating to state preemption of certain municipal and county regulation. (Companion to SB 814) Referred to Senate Business and Commerce April 20th, Passed the House April 19th.
• SB 62 Zaffirini, Judith – Relating to posting certain documents and information related to certain real property sales on a county’s Internet website. Received in the House and referred to County Affairs April 24th, Passed the Senate April 12th
• SB 147 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Received in the House April 27th. Passed the Senate April 26th.
• 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) Voted favorably from House Business and Industry April 26th, Passed the Senate April 3rd.
• SB 801 Hughes, Brian – Relating to an instrument that names a trust as a party. (Companion HB4281) Voted Favorably from House Business and Industry as substituted April 26th. Passed the Senate March 16th.
• SB 1222 Zaffirini, Judith – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. (Companion HB 2427) Voted favorably from House Licensing and Administration April 25th, Passed the Senate April 13th.
• 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) Referred to House Business and Industry April 14th, Passed the Senate April 12th.
Floor Hearing in First Chamber
• 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 Passed the House April 27th.
• SB 1780 Parker, Tan – Relating to online notarizations. (Companion HB 5004) Placed on Senate Calendar May 1st.
Reported Favorably (Committee Approved)
• 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. Set on House Calendar for April 28th. Pensions, Investments and Financial Services
• 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. Reported favorably April 20th. Business and Industry
• HB 1823 Sherman, Carl – Relating to certain documents or instruments purporting to convey real or personal property. Reported favorably April 17th. Business and Industry
• HB 1963 Leach, Jeff –Relating to construction contract trust funds Reported favorably April 24th. Business and Industry
• HB 2427 Kuempel, John – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. (Companion SB 1222) Sent to Calendars April 11th. Licensing and Administrative Procedures
• HB 2657 Leach, Jeff –Relating to voidable provisions contained in certain construction contracts. (Companion to SB 2207) Reported favorably as substituted April 24th. Business and Industry
• 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) Reported favorably April 17th. Business and Industry.
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/