March 12, 2026
In This Issue:
- TREC Posts for Public Comment Changes to Standard Contract, Including New FinCEN Reporting Change Recommended by TLTA Advocacy Team
- Reminder: RESPA, P-53 and Anti-Rebating Statutes Remain in Effect for Title Agents and Are Enforced
- ICYMI: TDI Publishes Quarterly Audit Results (Sept. – Nov. 2025)
- 2026 Texas Primary Election Updates
TREC Posts for Public Comment Changes to Standard Contract, Including New FinCEN Reporting Change Recommended by TLTA Advocacy Team
TLTA | March 12, 2026
On February 27, TREC posted in the Texas Register
proposed changes to the Standard Contract. Among the changes proposed is a change recommended by TLTA's Advocacy team related to new FinCEN reporting requirements on certain all-cash real estate transactions. The following is an excerpt from TREC's proposal in the Texas Register:
Spurred by recent law changes related to the federal Financial Crimes Enforcement Network or FinCEN, language has been added to Paragraph 20B of the One to Four Family Residential Contract (Resale), which requires the parties to provide information needed by the escrow agent for any governmental reporting requirements and requires the buyer to pay any charges associated with gathering and reporting such information.
TLTA Advocacy team previously submitted two letters recommending this change and TLTA Vice President of Government Relations and Counsel Aaron Day attended a meeting of the Texas Real Estate Commission Broker-Lawyer Committee to discuss the commission's proposal.
By posting the proposal in the Texas Register, TREC is opening the proposal to public comment. Following the public comment period, TREC will either adopt the proposal or propose additional changes based on any feedback received.
TLTA continues to monitor this process closely and will remain engaged until new language is finally adopted.
Learn more about new FinCEN reporting requirements implemented March 1 »
TLTA Editor's Note: While TLTA's Advocacy Team will continue advocating for changes like this TREC proposal, which will help equip title agents to better respond to these new reporting requirements, legal challenges to FinCEN's new requirements continue.
The new FinCEN real estate reporting rule has survived two court challenges, but there are two pending lawsuits seeking to change the new requirements. You can learn more on the status of these suits in this coverage from ALTA.
Reminder: RESPA, P-53 and Anti-Rebating Statutes Remain in Effect for Title Agents and Are Enforced
TLTA | March 12, 2026
Title agents are subject to federal and state rules and statutes–including the Real Estate Settlement Procedures Act (RESPA), TDI's Rule P-53–prohibiting marketing-related rebating practices, and TREC's §535.148
In response to questions from title industry professionals regarding the continued applicability of TDI’s P-53 rule, TLTA has compiled background information, FAQs, and other helpful resources related to the state and federal statutes that prohibit marketing-related rebating practices.
TLTA's Anti-Rebating Resources for Title Professionals »
ICYMI: TDI Publishes Quarterly Audit Results (Sept. – Nov. 2025)
TLTA | March 5, 2026
The following is a summary of recent TDI audits, violations and enforcement actions from September through November 2025.
Below are TDI's most common audit findings for the quarter:
-Section 2702.053 – Actual receipts and/or disbursements not in agreement with settlement statement or premium split not disclosed. (Statutes and Administrative Rules)
-P-21: Schedule D of commitment not in file or premium split not disclosed on commitment. (Procedural Rules)
-P-73: Failure to prepare/maintain Form T-64 (TD) when CD used, or Form T64 was not signed by all parties. Prepared incorrectly. (Procedural Rules)
-#16 - Every disbursement not supported by invoice or sufficient other evidence. (Minimum Escrow Accounting Procedures and Internal Controls)
-Outstanding checks not cleared timely (Escrow Accounting)
Read complete summary of TDI's findings for the quarter »
2026 Texas Primary Election Updates
TLTA | March 5, 2026
Below are some results from the recent primary elections. Several of the races for statewide offices have now advanced into runoff elections. Same with some races in the House.
After the primary runoffs conclude in late May, winning primary candidates will move on to face general election opponents in November. Some primary election winners have no general election opponent, so they have effectively won their seats already.
TLTA's Advocacy Team, including the community of title professionals
who support TLTAPAC, remain engaged in many of these races and are monitoring election outcomes closely to ensure our industry will be ready when the next legislative session begins Jan. 2027.
The results listed below are not meant to be a complete accounting of all primary election results (only some key races related to the Texas Legislature). You can find all
primary election results here.
Texas House incumbent losses
HD 3 (R) Kristen Plaisance 55% defeated Rep. Cecil Bell
HD 85 (R) Dennis Geesaman 57% defeated Rep. Kitzman
HD 101 (D) Junior Ezeonu 53% defeated Rep. Turner
Statewide Republican Runoffs
US Senate – John Cornyn v Ken Paxton
Attorney General – Mayes Middleton v Chip Roy
Railroad Commissioner – Jim Wright v Bo French
Statewide Democratic Runoffs
Attorney General – Nathan Johnson v Joe Jaworski
Lieutenant Governor – Vikki Goodwin v Marcos Velez
Runoff elections ahead for Texas House
HD 37 (D) Ozzie Ochoa, Jr. 46% v Esmi Cantu-Castle 32% (winner faces Rep. Lopez 52% R)
HD 41(D) Seby Haddad 39% v Julio Salinas – 37% (Guerra seat)
HD 49 (D) Montserrat Garibay 33% v Kathie Tovo 28% (Hinojosa seat)
HD 125 (D) Michelle Vela 34% v Adrian Reyna – 39% (Lopez seat)
HD 126 (R) Stan Stanart 49% v Kelly Peterson 29% (Harless seat)
HD 131 (D) Staci Childs 46% v Lawrence Allen 28% (Allen Seat)
HD 149 (D) Rep. Hubert Vo 31% v Darlene Breaux – 42% (Vo seat)