On a vote of 143-3 Dade Phelan, R-Beaumont was reelected to a second term as Texas Speaker of the House. Adoption of procedural rules had a small twist this year. A long brewing attempt to ban minority party members from chairing committees was defeated as part of creating this session’s procedural rules. This stems from the Democrats breaking Quorum during 2021 session to prevent Republican passage of restrictive voting laws. Texas has a very long-standing practice of bipartisan cooperation in many areas including sharing committee chairmanships. In the last session about one quarter of committee chairmanships were held by Democrats. However, a new penalty was added to the rules this session. The new punishments for quorum-breaking include a $500 fine for each day a member is gone plus their share of the cost to bring back members to restore quorum. And the House can consider expelling them after an investigation.
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. The bill would provide that not later than the 60th day after the date a mortgage servicer or mortgagee receives the correct payoff amount for a home loan, the mortgage servicer or mortgagee shall: deliver to the mortgagor a release of lien for the home loan; or file the release of lien with the appropriate county clerk’s office for recording in the real property records of the county. The only modification from the previous bill’s language is allowing the mortgagor 20 days after the date of payoff to accelerate the above requirement to a deadline of the 30th day after the date the mortgagee or mortgage servicer receives the request.
To read the full text of any of these bills you can go to Texas Legislature Online.
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)
SB 319 Hall, Bob – 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 HB 1195)
Previously Reported Bills
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.
HB 207 Murr, Andrew – Relating to the exclusion of certain conveyances from classification as sham or pretended sales.
HB 217 Murr, Andrew – – (HB 217 was previously filed in 87th Session as HB 2621 but left pending in Committee without a vote.) Relating to the limitation on the amount of a subcontractor’s lien for labor or materials.
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.
HB 264 Toth, Steve – Relating to requirements for the physical presence of a borrower for signing certain documents related to a home equity loan.
HB 287 Johnson, Julie – Relating to payment of the replacement cost of damaged property under a homeowner’s, renter’s, or condominium owner’s insurance policy.
HB 523 Vasut, Cody – 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.
HB 697 Holland, Justin – Relating to seller’s disclosures regarding fuel gas piping in residential real property.
HB 709 Harris, Cody – Relating to prohibiting the use of certain credit scores, including environmental, social, or governance scores and social credit scores, by certain financial institutions and other lenders in this state.
HB 738 Gonzalez, Jessica – Relating to a right of first refusal applicable to the sale of housing developments that have received certain financial assistance administered by the Texas Department of Housing and Community Affairs.
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.
HB 1056 Hinojosa, Gina – Relating to the registration of financial institutions and investment firms that lease residential real property.
HB 1057 Hinojosa, Gina – Relating to restrictions on the purchase of a single-family home by an investment firm.
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.
HJR 29 Schofield, Mike – (HJR 29 was previously filed in 87th Session as HJR 43 but left pending in Committee without a vote.) Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.
SB 62 Zaffirini, Judith – Relating to posting certain documents and information related to certain real property sales on a county’s Internet website.
SB 147 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.
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 our firm’s attorneys or representatives at: https://www.mortgagelaw.com/our-team/