Bill Effective Dates
Director of Regulatory Affairs
With nearly a dozen of our bills of interest set to become law, the next question is what will be their effective dates. There are various possibilities, but the most common date for new laws each session is September 1st or the start of the next State fiscal year. It is also the most common date because it is a default position, if no date is specified in a bill’s language. A bill cannot take effect earlier than 90 days following the end of the legislative session unless the bill specifically contains language stating it takes immediate effect and is passed by at least a 2/3rds majority of both chambers. A bill may also have a specific effective date set further into the future due to the need for implementing regulations or other systems to be set in place.
Starting with this memo, we have added the effective date for bills sent to the Governor. All of them with the exception of SB 1780 have an effective date of September 1, 2023.
Bills on the Move
Bills headed to the Governor
• HB 207 Murr, Andrew – Relating to the exclusion of certain conveyances from classification as sham or pretended sales. Passed the Senate May 16th, Passed the House April 20th. Effective Date Sept. 1st.
• HB 219 Noble, Candy – Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor. Passed the Senate May 16th, Passed the House April 19th. Effective Date Sept. 1st.
• HB 697 Holland, Justin – Relating to seller’s disclosures regarding fuel gas piping in residential real property. Passed the Senate with amendments May 17th, Conference committee needed. Passed the House April 13th. Effective Date Sept. 1st.
• 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) Passed the Senate May 17th, Passed the House April 20th. Effective Date Sept. 1st.
• HB 2127 Burrows, Dustin – Relating to state preemption of certain municipal and county regulation. Passed the Senate May 16th, Passed the House April 19th. Effective Date Sept. 1st.
• SB 62 Zaffirini, Judith – Relating to posting certain documents and information related to certain real property sales on a county’s Internet website. Sent to the Governor May 17th, Passed the House May 16th, Passed the Senate April 12th. Effective Date Sept. 1st.
• 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. Sent to the Governor May 16th, Passed the House May 12th., Passed the Senate April 3rd. Effective Date Sept. 1st.
• SB 801 Hughes, Brian – Relating to an instrument that names a trust as a party. Passed the House May 12th., Passed the Senate March 16th. Effective Date Sept. 1st.
• SB 1222 Zaffirini, Judith – Relating to regulation of appraisers and the duties of the Texas Appraiser Licensing and Certification Board. Sent to the Governor May 8th, Passed the House May 3rd, Passed the Senate April 13th. Effective Date Sept. 1st.
• SB 1780 Parker, Tan – Relating to online notarizations. Sent to the Governor May 16th, Passed the House, May 12th. Passed the Senate May 1st. Effective Date January 1, 2024.
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. House refuses to concur with Senate amendments, Conference Committee named May 17th, Passed the Senate with amendments May 10th, Passed the House April 5th.
• 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. Placed on Intent calendar May 21st, Passed the House May 6th.
• 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. Recommended to the Local and Consent Calendar May 17th, Passed the Senate April 12th.
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/