Remote Ink Notary (RIN)
Director of Regulatory Affairs
This week there is a new heading for advancing bills titled Bills Headed to the Governor. On receiving an enrolled (or approved) bill, the governor has three options: to sign it, veto it, or allow it to become law without a signature. Any time prior to the last 10 days of the session, the governor has only 10 days to choose which action to take. For bills arriving to the Governor during the last 10 days before final adjournment, when most bills are headed his way, the Governor has until 20 days following final adjournment to act. This year that date is June 18th. If the governor elects to veto the bill and the legislature is still in session, the bill is returned to the chamber in which it originated with an explanation of the governor’s objections. A two-thirds majority in each chamber is required to override the veto. If the governor neither vetoes nor signs the bill within the allotted time, the bill becomes law even without his signature.
• SB 1780 Parker, Tan – This past week SB1780 moved at lightning speed, passing the full Senate and House committee all in just four days. This bill seeks to takes the current Remote Online Notary (RON) statute and accommodate the use of a Remote Ink Notary (RIN). A remote ink notarization allows a person to use a “wet ink” signature rather than an electronic signature while keeping the same security framework for proving and credentialing identity in the remote environment. RON notarization was fortunately passed in 2019 by the 86th Texas Legislature and proved very popular shortly after implementation during the heights of the pandemic. In April 2020, Texas Governor Abbott issued an emergency proclamation allowing for RIN in real property transactions if certain conditions were met and several extensions were granted. This bill helps extend this beneficial service by providing ongoing statutory authority.
To read the full text of any of these bills you can go to Texas Legislature Online.
Bills on the Move
Bills headed to the Governor
• SB 1222 Zaffirini, Judith – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. Passed the House May 3rd, Passed the Senate April 13th.
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) Voted out of Senate State Affairs May 4th, 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 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. Received in the Senate May 3rd, Passed the House May 2nd .
• HB 697 Holland, Justin – Relating to seller’s disclosures regarding fuel gas piping in residential real property. Heard in Senate Business and Commerce May 4th, left pending. 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) Reported favorably by Senate Business and Commerce May 5th, Passed the House April 19th.
• 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 . Received in the Senate May 1st. Passed the House April 27th.
• SB 62 Zaffirini, Judith – Relating to posting certain documents and information related to certain real property sales on a county’s Internet website. Reported favorably from House County Affairs May 3rd, 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. Referred to House State Affairs May 4th. 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) Recommended for House Local and Consent Calendar May 5th., Passed the Senate April 3rd.
• SB 801 Hughes, Brian – Relating to an instrument that names a trust as a party. (Companion HB4281) Recommended for House Local and Consent Calendar May 5th., Passed the Senate March 16th.
• 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) Hearing set in House Business and Industry set for May 8th, Passed the Senate April 12th.
• SB 1780 Parker, Tan – Relating to online notarizations. (Companion HB 5004) Passed House Judicial and Civil Jurisprudence Committee, May 5th. Passed the Senate May 1st.
Floor Hearing in First Chamber
• 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. Placed on House Local Calendar for May 6th.
• HB 1823 Sherman, Carl – Relating to certain documents or instruments purporting to convey real or personal property. Recommended for House Local and Consent Calendar May 2nd.
• 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) Placed on House Local Calendar for May 6th.
Reported Favorably (Committee Approved)
• HB 1963 Leach, Jeff –Relating to construction contract trust funds Reported favorably April 24th. Business and Industry
• HB 2186 Davis, Yvonne – Relating to the authority of a county clerk to require a person to present photo identification to file a document in the real property records of a county. Reported favorably May 3rd. House County Affairs
• 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
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/