Issue 89.18
Property Owner Rights
Director of Regulatory Affairs
One group of bills that are making better progress than most mortgage industry related bills are centered around property owner rights. The first bill highlighted below SB38 seeks to strengthen property owner rights. Opponents of the bill argue that cases of squatting are rare. But this is a priority issue for the Governor, Lt Governor, and Speaker.
Weekly Highlight
SB 38 Bettencourt, Paul – seeks to more quickly remove persons not entitled to enter, occupy, or remain in possession of the premises in order to restore an owner’s right to their property. Referred to House Judiciary and Civil Jurisprudence April 17th SB 1333 Hughes, Bryan – seeks to accomplish a lot of same things as SB38 but through changes in the Penal Code instead of the Property Code.
SB 673 Hughes, Bryan – would prohibit political subdivisions from preventing residential property owners from building or erecting accessory dwelling units (ADU). This bill will not infringe on homeowners’ associations, historic districts, and deed restrictions that prohibit ADUs. The Texas Association of Builders, and Texas Realtors dropped a card during the hearing in favor of this bill. In opposition were the cities of Austin, College Station, Garland, Irving, McKinney, and San Antonio, TX
To read the full text of any of these bills you can go to Texas Legislature Online. The designations you see for each bill represent HB – House Bill, SB – Senate Bill and HJR or SJR as House or Senate Joint Resolutions which relate to amendments to the Texas Constitution.
Bills on the Move
Pending Vote in second Chamber
SB 15 Bettencourt, Paul – Relating to size and density requirements for residential lots in certain municipalities; authorizing a fee. (Companion HB3919) Voted favorably House Land and Resource Management April 28th as substituted
SB 17 Kolkhorst, Lois – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. Voted favorably House Homeland, Public Safety, Veterans May 2nd as substituted
SB 372 Campbell, Donna – (SB372 was previously filed in 88th Session as SB1568 it passed both chambers but was vetoed by the Governor.) Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. (Companion HB 576) Voted favorably House Trade, Workforce, Economic Development April 29th
SB 693 West, Royce – Relating to creating a criminal offense for the use of a notary seal or counterfeit seal on a fraudulent document or instrument. Voted favorably House Judiciary and Civil Jurisprudence May 1st
SB 929 Johnson, Nathan – Relating to deadlines and time of inception for mechanic’s and materialman’s liens. (Companion HB4301, HB4308, SB2113) Voted favorably House Trade, Workforce, Economic Development April 23rd
SB 1547 Zaffirini, Judith – Relating to fees charged by county clerks for certain property records. (Companion HB3733) Voted favorably House Intergovernmental Affairs April 28th
SB 1612 Johnson, Nathan – Relating to construction contract trust funds. Voted favorably as substituted House Trade, Workforce, Economic Development April 30th
Sent to the Second Chamber
HB 1043 Bhojani, Salman – Relating to a study by the General Land Office on the establishment and implementation by the General Land Office of a distributed ledger-based title registry pilot program. Voted from the House May 2nd
HB 2468 Harris, Cody – 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. Referred to Senate Business and Commerce on April 24th
HB 3250 Darby, Drew – Relating to the regulation of real estate appraisers and appraisal management companies. Voted from the House May 2nd
SB 4 Bettencourt, Paul – Relating to an increase in the amount of the exemption of residence homesteads from ad valorem taxation by a school district and the protection of school districts against certain losses in local revenue. (Companions HB2611, SJR2) Hearing set for May 5th in House Ways and Means
SB 38 Bettencourt, Paul – Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises. Referred to House Judiciary and Civil Jurisprudence April 17th
SB 647 West, Royce – Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property. Referred to House Trade, Workforce, Economic Development May 1st
SB 648 West, Royce – Relating to recording requirements for certain instruments concerning real property. Referred to House Trade, Workforce, Economic Development April 30th
SB 673 Hughes, Bryan – Relating to regulation of accessory dwelling units by political subdivisions. Heard May 1st left pending House Land and Resource Management
SB 1333 Hughes, Bryan – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property. (Companions HB414, HB1076, HB2454, HB3003) Heard April 30th left pending House Trade, Workforce, Economic Development April 17th
SB 1379 Flores, Pete – Relating to increasing the criminal penalties for forgery. Hearing set for May 8th House Criminal Jurisprudence
SB 1643 Schwertner, Charles – Relating to prior approval of certain property and casualty insurance rate increases or decreases. Referred to House Insurance April 28th
SB 1734 West, Royce – Relating to status of certain documents or instruments purporting to convey title to or an interest in real property. (Companions HB4531) Referred to House Trade, Workforce, Economic Development April 28th
SB 2117 Parker, Tan – Relating to the establishment of the Texas Committee on Foreign Investment to review certain transactions involving certain foreign entities. Referred to House State Affairs April 30th
SB 2610 Blanco, Cesar – Relating to civil liability of business entities in connection with a breach of system security. Referred to House Delivery of Government Efficiency May 2nd
SJR 2 Bettencourt, Paul – Proposing a constitutional amendment to increase the amount of the exemption of residence homesteads from ad valorem taxation by a school district. (Companions HB2611, SB4) Hearing set for May 5th House Ways and Means
First Chamber Floor Vote Scheduled
HB 576 Shaheen, Matt – Relating to the persons authorized or appointed to exercise the power of sale under the terms of a contract lien on real property. Voted favorably out of committee April 23rd left pending House Trade, Workforce, Economic Development. Set on House Calendar for May 5th
HB 3223 Leach, Jeff – Relating to statutes of limitation and repose for certain claims involving the construction or repair of an improvement to real property. Voted favorably out of committee April 15th House Judiciary and Civil Jurisprudence. Set on House Calendar for May 5th
HB 3311 Swanson, Valoree – Relating to priority of payments for claims against a decedent’s estate. Voted favorably April 28th out of House Subcommittee on Family and Fiduciary
HB 4063 Ordaz, Claudia – Relating to the filing and release of record of a unilateral memorandum of contract concerning residential property. Voted favorably out of committee April 25th House Trade, Workforce, Economic Development. Set on House Calendar for May 5th
SB 583 West, Royce – Relating to lists of public real property suitable for use or to be developed for use as affordable housing by certain municipalities and counties. Voted favorably out of Senate Local Government on March 18th. First placed on Intent Calendar for March 27th, now on calendar for April 8th
Reported Favorably, Committee Approved
HB 21 Gates, Gary – Relating to housing finance corporations. (Companion SB867) Voted favorably out of committee April 28th left pending House Intergovernmental Affair
HB 32 Button, Angie Chen – Relating to the eviction from real property of certain persons not entitled to enter, occupy, or remain in possession of the premises. Voted favorably out of committee April 8th House Judiciary and Civil Jurisprudence
HB 329 Bell, Cecil – (HB329 was previously filed in 88th Session as HB5133 it was left pending in Committee without a vote.) Relating to a requirement that an appraisal review board rely on an appraisal of residential real property prepared by an appraiser and submitted to the board by the property owner. Voted favorably out of committee April 8th House Subcommittee on Property Tax Appraisals
HB 851 Schofield, Mike – Relating to the determination and reporting of the number of residence homesteads of certain property owners for which the owner is receiving certain ad valorem tax benefits. Voted favorably out of committee May 1st in House Ways and Means
HB 2025 Tepper, Carl – Relating to the filing for record of a plat, replat, or amended plat or replat of a subdivision of real property or a condominium. Heard May 2nd left pending House Land and Resource Management
HB 3287 Bell, Keith – Relating to construction contract trust funds. Voted favorably out of committee May 2nd House Trade, Workforce, Economic Development
HB 3288 Bell, Keith – Relating to the application of funds under construction contracts. Voted favorably out of committee May 1st House Trade, Workforce, Economic Development
HB 3289 Bell, Keith – Relating to the payment of funds under construction contracts. Voted favorably out of committee April 15th House Trade, Workforce, Economic Development
HB 3290 Bell, Keith – Relating to the time period for which certain funds payable under a construction contract must be reserved for the benefit of mechanic’s lien claimants. Voted favorably out of committee May 1st House Trade, Workforce, Economic Development
HB 3733 Orr, Angelia – Relating to fees charged by county clerks for certain property records. Voted favorably out of committee April 28th House Intergovernmental Affairs
HB 4166 Guillen, Ryan – Relating to an exemption for certain property owners from regulatory requirements for residential mortgage loan originators. Voted favorably out of committee April 28th left pending House Pensions/Investments/Financial Services
HB 4350 Capriglione, Giovanni – Relating to the omission or redaction of certain personal information from certain real property records. Voted favorably out of committee April 28th in House Intergovernmental Affairs
HB 4505 Bell, Cecil – Relating to the establishment of the workforce housing capital investment fund program to fund the development of workforce housing in this state. Voted favorably out of committee April 28th left pending House Intergovernmental Affairs
HB 4531 Bhojani, Salman – Relating to status of certain documents or instruments purporting to convey title to or an interest in real property. (Companions SB1734) Voted favorably out of committee April 25th in House Trade, Workforce, Economic Development
HB 4984 Lujan, John – Relating to certain deadlines and other timing factors affecting mechanic’s, contractor’s, or materialman’s liens. Voted favorably out of committee April 30th in House Trade, Workforce, Economic Development
SB 372 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. Voted favorably out of committee April 23rd in House Trade, Workforce, Economic Development
SB 867 Bettencourt, Paul – Relating to housing finance corporations. Voted favorably out of committee April 29th in Senate Local Government
SB 929 Johnson, Nathan, Lujan, John – Relating to deadlines and time of inception for mechanic’s and materialman’s liens. Voted favorably out of committee May 1st in House Trade, Workforce, Economic Development
SB 946 Hughes, Bryan – Relating to the prohibition on certain discrimination in the extension of credit to organizations based on social credit or values-based standards. Voted favorably out of committee April 30th Senate State Affairs
SB 2221 Parker, Tan – Relating to the filing of a fraudulent financing statement in relation to certain secured transactions. Voted favorably out of committee May 1st left pending Senate Business and Commerce
Committee Hearings Scheduled or Left Pending Vote
HB 17 Hefner, Cole – Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. (Companions HB1849, HB2536) Heard April 2nd left pending House Homeland, Public Safety, Veterans
HB 360 Vasut, Cody – (HB360 was previously filed in 88th Session as HB523 it was left pending in Committee without a hearing.) 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. (Companions HB523, HB4399) Heard March 20th in House Subcommittee on Property Tax Appraisals, returned to full committee April 3rd
HB 1243 Guillen, Ryan – Relating to the authority of spouses who occupy separate properties as their principal residences to each qualify the property in which they reside as their residence homestead for ad valorem tax purposes. Heard March 17th left pending House Ways and Means
HB 1743 Little, Mitch – Relating to the holding or acquisition of an interest in real property by or on behalf of certain foreign individuals or entities. Heard April 28th left ending House State Affairs
HB 3900 Guillen, Ryan – Relating to investment of local governments’ money in banks located in this state. Heard April 14th left pending House Pensions/Investments/Financial Services
HB 3919 Gates, Gary – Relating to size and density requirements for residential lots in certain municipalities. Heard April 3rd left pending House Land and Resource Management
HB 4558 Anchia, Rafael – Relating to the filing or recording of documents or instruments conveying or purporting to convey an interest in real or personal property. Hearing set for April 30th in House Trade, Workforce, Economic Development
HB 4560 Anchia, Rafael – Relating to recording requirements for certain instruments concerning real property. Hearing set for April 30th in House Trade, Workforce, Economic Development
HB 5007 Lambert, Stan – Relating to the establishment of the Texas Committee on Foreign Investment to review certain transactions involving certain foreign entities. Heard April 28th left pending House State Affairs
HJR 40 Swanson, Valoree – Proposing a constitutional amendment to remove the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company. Hearing set for May 5th House Pensions/Investments/Financial Services
HJR 102 Gervin-Hawkins, Barbara – Proposing a constitutional amendment to authorize the legislature to provide for an exemption from ad valorem taxation related to the installation of energy efficiency-related improvements. Heard April 28th left pending House Ways and Means
SB 208 West, Royce – Relating to the establishment of the workforce housing capital investment fund program to fund the development of workforce housing in this state. (Companion 4505) Heard April 24th left pending Senate Local Government
SB 673 Hughes, Bryan – Relating to regulation of accessory dwelling units by political subdivisions. Hearing set for May 1st in House Land and Resource Management
SB 1333 Hughes, Bryan – Relating to the unauthorized entry, occupancy, sale, rental, lease, advertisement for sale, rental, or lease, or conveyance of real property. Hearing set for April 30th in House Trade, Workforce, Economic Development
SB 2611 West, Royce – Relating to the status of certain documents or instruments concerning real or personal property. Heard April 22nd left pending Senate Criminal Justice
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/