TLTA Bills of Interest

TLTA Affirmative Agenda

  • Expungement of Lis Pendens
    SB 1955

    Sen. Bryan Hughes

    HB 4086

  • Rep. John Wray
    Expunctions of lis pendens notice. This bill is part of TLTA’s legislative agenda and attempts to clarify the effect of a lis pendens notice. 
  • Adverse Possession Against Co-Tenants
    SB 1249

    Sen. Royce West

    HB 3378

  • Rep. Mike Schofield
    Adverse possession against co-tenants. This bill is part of TLTA’s legislative agenda and attempts to solve the problem of co-tenants not being able to obtain title by way of adverse possession against fellow co-tenants. 

Title Insurance Regulations

  • SB 372

    Sen. Bob Hall
    Reregulates title insurance structure to file and use system.This bill is a complete overhaul of the current rate regulation system.
    TLTA opposes.
  • HB 4239

    Reps. Sergio Muñoz, Jr. and John Smithee
    Relating to regulation of title insurance rates. This bill has a flex band approach in addition to the transparency language appearing in SB 2203.
    TLTA opposes.
  • SB 2203

    Sen. Kelly Hancock
    Relating to title insurance. This bill calls for further transparency of the title business. The regulatory cleanup language has been previously vetted and supported by the TLTA Board.
    TLTA supports with no amendments.     

Eminent Domain

  • HJR 40

    Rep. Mike Schofield
    Constitutional amendment providing mechanism for property owners or their heirs to re-purchase property taken under eminent domain under certain circumstances.
  • SB 626, SB 627 and SB 628

    Sens. Charles Schwertner et.al.
    These three bills are primarily related to eminent domain proceedings but could have an ancillary effect on real property.
  • HB 2076

    Rep. Leighton Schubert
    Short bill amending definition of "actual progress" on eminent domain proceedings (SB 628 is companion bill by Sen. Charles Schwertner).
  • SB 741 and SB 742

    Sen. Lois Kolkhorst
    Bills relating to eminent domain offers and compensation.

Partition of Real Estate

  • HB 1358

    Rep. John Wray
    Relating to adopting the Uniform Partition of Heirs Property Act; also filed by Sen. Royce West (SB 499). These companion bills modify current partition law by adopting a uniform national standard in cases where heirs (co-tenants) seek to divide their individual interests.
    TLTA takes no position.

Powers of Attorney

  • HB 1974

    Rep. John Wray

    SB 926

    Sen. José Rodriguez
    These are 51-page bills which basically amends the durable statutory power of attorney in substantial measure. Need to monitor in regards to our industry being “required” to accept powers of attorney.
    TLTA supports with amendments to clearly provide the discretion for title agents to reject POAs.

Real Estate Transactions

  • HB 797

    Rep. Ina Minjarez
    Amends Local Govt. Code 397; regards information being disclosed on real property being sold near military bases.
  • HB 804

    Rep. Tony Dale
    Tax code; requires owner of real property to send notice to a lessee who is required to pay property taxes; allows 30 extra days to file protest in certain circumstances.
  • HB 1053

    Rep. Morgan Meyer
    Statute of repose for claims involving real property.
  • HB 1128

    Rep. John Wray
    Provides alternate dates for sale of property under contract liens (holidays).
  • HB 1354

    Rep. John Wray
    Relates to trusts; also filed by Sen. José Rodriguez (SB 617).
  • HB 1386

    Rep. Ryan Guillen
    Regarding timing of earnest money contracts relative to subdivision plat being filed.
  • SB 692

    Sen. José Rodriguez
    Regarding county regulation in platted subdivisions that have gone undeveloped for 25 years or more (bracketed bill for El Paso).
  • HB 1352

    Reps. Joe Pickett and Lina Ortega
    Narrow bill regarding transfer of real property from municipality for economic development; SB 438, by Sen. José Rodriguez is identical.
  • HB 2832

    Rep. René Oliveira

    SB 1397

    Sen. Robert Nichols
    Notice by property owner to mortgage service provider of contract with property tax lender.
    TLTA supports subject to feedback from lending community.
  • HB 2842

    Rep. Dustin Burrows
    Relating to rule against perpetuities.
  • HB 3121

    Rep. Jessica Farrar

    SB 2150

    Sen. Joan Huffman
    Relating to revocable deed that transfers real property at transferor’s death. This bill amends the law from last session regarding transfer on death deeds.
  • SB 1418

    Sen. Royce West
    Landlord must carry replacement cost property and casualty coverage.
  • SB 1431

    Sen. Judith Zaffirini
    Relating to escrow payments for a loan secured by a new dwelling.
  • HB 4244

    Rep. Gary Elkins
    Relating to executory contracts and repeals Property Code Sections 5.061 through 5.085.
  • HB 4264

    Rep. Gary Elkins
    Relating to certain sales of homesteads and repeals section 41.006 of the Property Code .
  • SB 1994

    Sens. Judith Zaffirini, José Rodriguez and Kirk Watson
    Financing of wrap mortgage loan.
  • SB 1995

    Sens. Kirk Watson, José Rodriguez and Judith Zaffirini
    Disclosures with wrap mortgages.
  • SB 2212

    Sen. Kelly Hancock
    Brokerage advertising and Texas Real Estate Commission.

Civil Actions

  • SB 1894

    Sen. Konni Burton

    HB 4153

    Rep. Matt Krause
    Relating to statute of limitations for certain real property suits.

Mineral Interests

  • SB 682

    Sen. Judith Zaffirini

    HB 2539

    Rep. Richard Raymond
    Bracket bill governing mineral interest in subdivided land.

Foreclosure

  • HB 1470

    Rep. Jason Villalba

    SB 1405

    Sen. Brandon Creighton
    Public sale of real property under power of sale. This bill allows for auction companies to become involved in foreclosures but still follows the basic foreclosure process.
    TLTA supports.
  • SB 1378

    Sen. Judith Zaffirini
    Abatement of sale to foreclose lien on residence homestead.
  • HB 3311

    Rep. Dan Huberty
    Date and time of public sale of real property.
  • HB 3699

    Rep. Armando Walle
    Notice to and rights of tenants of premises purchased at foreclosure.
  • HB 4107

    Rep. Victoria Neave
    Abatement/dismissal of proceeding for an expedited order allowing foreclosure.

Access to Public Records

  • HB 526

    Rep. Mike Schofield
    Amends public information request laws to provide requestor to reside in Texas; public information may also be denied to out of state residents.
  • HB 547

    Reps. Joe Deshotel and Ina Minjarez
    Amends health and safety code and family code in regards to seeking birth records of adopted person.
  • HB 1258

    Reps. Travis Clardy, Four Price, Senfronia Thompson, Alfonso “Poncho” Nevárez and Justin Holland
    This bill restricts public access to court documents (as written, only now applies to court documents, which hinders title professionals from looking at divorce, probate and land disputes; but may possibly extend to public real property records). This is the priority bill for the County and District Clerks’ Association of Texas and involves a dispute between their association and the Supreme Court’s efiling requirements. TLTA is seeking to maintain the integrity of the public records system in Texas.
    TLTA supports with clarifying amendments.
  • HB 2710

    Rep. Todd Hunter
    Availability of birthdates under public information law.
    TLTA supports.
  • HB 3107

    Rep. Trent Ashby
    Production of information under public information law.
  • HB 3222

    Rep. Craig Goldman
    Public information law which removes county or district clerk exception. This bill removes the “clarifying language” that district and county clerk records are exempt from the requirements of the public information law. The essence of this exception is that public records are distinctly different from public information that can obtained by way of a public records request.
    TLTA opposes unless amended to remove clerk liability.
  • HB 3848

    Rep. Todd Hunter
    Relating to public information.
  • SB 1646

    Sen. Kirk Watson
    Relating to public information.

Privacy Issues

  • HB 457

    Reps. Justin Holland, John Wray, Jim Murphy, Eddie Lucio III and James White
    Adds spouse/surviving spouse and adult child of peace officers to tax code section exempting/providing confidentiality of home address information on tax appraisal records.
  • HB 760

    Rep. John Raney
    Makes the date of birth of a living person not confidential under Government Code Section 552.157.
  • SB 256

    Sen. Van Taylor
    Adds family violence/sexual assault victims to tax code section exempting/providing confidentiality of home address information on tax appraisal records; also amends Code of Criminal Procedure to protect victims.
  • HB 4001

    Rep. Tony Tinderholt
    Confidentiality of home address information for tax appraisal office.
  • SB 42

    Sen. Judith Zaffirini

    HB 1487

    Reps. John Smithee and Andrew Murr
    Relating to the security of judges. This bill allows for judges and their spouses to have their personal information redacted from public records.
    TLTA supports with amendments.

Franchise Tax

  • SB 72

    Sen. Jane Nelson
    Reduces and eventually eliminates the franchise tax (HB 388 and HB 599 are similar).
  • SB 112

    Sen. Don Huffines
    Similar bill to SB 72.
  • SB 178

    Sen. Craig Estes
    Eliminates the franchise tax.
  • HB 388

    Rep. Jim Murphy
    Reduces and eventually eliminates the franchise tax (similar to SB 72).
  • HB 599

    Reps. Mike Schofield and Jim Murphy
    Reduces and eventually eliminates the franchise tax.
  • HB 1052

    Rep. Leighton Schubert
    Repeal of franchise tax.
  • HB 1095

    Rep. Matt Shaheen
    Repeal of franchise tax.
  • HB 1196

    Rep. Angie Chen Button
    Repeal of franchise tax.
  • HB 1613

    Reps. Drew Springer and James Frank

    HB 1614

    Rep. Tan Parker
    Both relate to the franchise tax.
  • HB 2250

    Rep. Drew Darby
    Relates to the franchise tax.

Tax Issues

  • HB 1325

    Rep. Alfonso “Poncho” Nevárez
    Eliminates the sales and use tax for surveying real property.
  • HB 1634

    Rep. Greg Bonnen
    Allows a taxing entity to forgive penalties and interests on real property taxes under detailed circumstances if there is a mortgage on the property.
  • HB 3168

    Rep. Charlie Geren
    Relating to ad valorem taxation.
  • SB 2239

    Sen. Paul Bettencourt
    Relating to ad valorem taxation.
  • HB 15

    Rep. Dennis Bonnen
    Relating to ad valorem taxation.

Electronic Filing

  • HB 1058

    Reps. Justin Holland, Scott Sanford, Tan Parker and Stan Lambert
    Prohibiting sale of court records filed through the statewide electronic filing system.

POA/HOA

  • HB 1341

    Rep. Sergio Muñoz, Jr.
    Relates to inner workings of property owners’ associations; as drafted, not concerning, but has a very broad caption.

Remote E-Notary

  • HB 1217

    Rep. Tan Parker
    Sets up requirements for electronic notary public by giving rule making authority to Secretary of State (e.g., qualifications, performance of notarial acts, record keeping, online notarization requirements, fees, termination and certain criminal penalties).
    TLTA supports with amendments.

Sales Price Disclosure

  • HB 379

    Rep. Diego Bernal
    Requires mandatory sales price disclosure on real property transactions with mineral interest deeds exempted; bill provides for 5 percent penalty for non-compliance.

Texas Department of Insurance

  • HB 2153

    Rep. Yvonne Davis
    Sets eligibility for TDI commissioner.
  • HB 2367

    Rep. Yvonne Davis
    Sets up elected State Board of Insurance with three members.
  • HB 3734

    Rep. Greg Bonnen

    SB 1450

    Sen. Larry Taylor
    Rule making authority of TDI.
  • HB 4141

    Rep. Matt Schaefer
    Relating to commercial insurance rates and forms.

Estates/Wills

  • HB 2271

    Rep. John Wray

    SB 1017

    Sen. José Rodriguez
    Deals with a decedent’s estate and posthumous gifts.
  • SB 1056

    Sen. Charles Perry
    Deals with probate venue.

Builder Conduct

  • HB 2385

    Rep. Jeff Leach
    Regarding benefits offered by builders of new residents.
    TLTA takes no position.

Liens

  • HB 3063

    Rep. Kyle Kacal
    Relating to agricultural liens.
  • HB 3154

    Rep. John Smithee
    Livestock liens.
  • HB 3663

    Rep. DeWayne Burns
    Relating to marketing contracts and agricultural liens.
  • HB 3725

    Rep. Armando Walle
    Priority of a transferred ad valorem tax lien.
  • SB 1745

    Sen. Juan “Chuy” Hinojosa
    Effect of tax liens.
  • HB 4048

    Rep. Shawn Thierry
    Relating to hospital liens.
  • HB 3532

    Rep. Cindy Burkett

    SB 2066

    Sen. Kelly Hancock
    Relating to hospital liens.

Mechanic’s and Materialman’s Liens

  • HB 2668

    Rep. John Wray
    Relating to retained funds under mechanic and materialman's liens.
  • HB 3065

    Rep. Joe Deshotel
    Relating to mechanic’s and materialman’s liens.
    TLTA opposes unless amended to address all building trade industry concerns.
  • SB 1506

    Sen. Juan “Chuy” Hinojosa
    Relating to mechanic’s and materialman’s liens.These companion bills make substantial changes to mechanic's and materialman's lien law and make changes to sub-contractor payment.
    TLTA opposes unless amended to address all building trade industry concerns.
  • SB 2073

    Sen. José Rodriguez

    HB 2668

    Reps. John Wray, Jason Villalba and Jeff Leach
    Mechanic’s and materialman’s lien for retained funds. Bill makes clarifying changes relative to retained funds and actions on bonds.
  • HB 1909

    Rep. Jason Villalba
    Relating to mechanic’s and materialman’s liens. This bill relates to liens of registered interior designers.
    TLTA supports with amendment adding statutory reference for “registered interior designer".