TLTA Bills of Interest

Eminent Domain

  • HB 991

  • Burns
    Relating to the acquisition of real property by an entity with eminent domain authority. Primary bills for 2019 session regarding eminent domain.
  • SB 421

  • Kolkhorst
    Companion bill to HB 991

Eminent Domain Bills

Real Estate Transactions

  • HB 90

  • Ortega
    Relating to residential mortgage loans, including the financing of residential real estate purchases by means of a wrap mortgage loan. Companion to SB 42, 16-page bill proposing numerous amendments to current law.
  • SB 42

  • Zaffarini
    Companion bill to HB 90.
  • HB 1159

  • Price
    Relating to the acknowledgment of a written instrument on behalf of a limited liability company. Clarifying language for notaries regarding individuals signing for an LLC.  
  • HB 1176

  • Darby
    Relating to technical defects in instruments affecting real property.  Reduces time for suits from 2 years to six months, considered lawfully filed and notice to 3rd parties if filed for over 6 months.

Tax Issues

  • HB 163

  • Canales
    Relating to the additional tax imposed on land appraised for ad valorem tax purposes as qualified open-space land if a change in use of the land occurs. Changes 5-year period to 3-year period (same as HB 1211 by Phillips in 2017).  
  • HB 164

  • Raymond
    Relating to the exclusion from the market value of real property for ad valorem tax purposes of the value of any improvement, or any feature incorporated in an improvement, made to the property if the primary purpose of the improvement or feature is compliance with the requirements of standards that address accessible design of buildings or other facilities. Provides tax break for accessible design.
  • HB 240

  • Bernal
    Relating to installment payments of ad valorem taxes imposed on certain residence homesteads. Clarifies category of individuals allowed to make installment payments for residential property.
  • SB 434

  • Hinojosa
    Relating to the effect of a sale of property on the tax lien on the property to secure the payment of ad valorem taxes, penalties, and interest imposed on the property.  Limited applicability denying a tax lien if appraisers make error when property sold in arms-length transaction.
  • SB 474

  • Hancock
    Relating to the eligibility of land secured by a home equity loan to be designated for agricultural use for ad valorem tax purposes. Deletes section 23.42(a-1) which denies an individual’s agricultural exemption if the land is secured by a home equity lien.
  • HB 1560

  • Dutton
    Imposes a tax of $1 on every title policy issued by a title insurance company to be paid for by that title insurance company.  Bill requires the title insurance company to remit the money to the Controller as deemed appropriate.  One quarter of the revenue goes to the foundation school fund and the remainder to the state’s general revenue fund which must be dedicated to and used exclusively for programs and services designed to reduce homelessness and housing insecurity.

Liens

  • HB 589

  • Deshotel
    Relating to mechanic’s, contractor’s, or materialman’s liens. 60-page perennial bill altering the current mechanic’s statute. 

Foreclosure

  • HB 715

  • Ortega
    Relating to the authority of certain municipalities to foreclose a lien on property to recover certain expenses. Removes requirement that ad valorem taxes be delinquent in order for municipalities to foreclose under Local Govt. Code 214.004.

Sales Price Disclosure/Disclosure

  • HB 591

  • Holland
    Relating to seller’s disclosures regarding fuel gas piping in residential real property. Adds items to disclosure list regarding piping (fuel gas).  
  • SB 339

  • Huffman
    Relating to a seller’s disclosure notice for a residential property regarding floodplains, flood pools or reservoirs. Adds items (floodplains/flood pools/reservoirs) to seller’s disclosure notice.
  • HB 993

  • Coleman
    Relating to notice to a prospective residential tenant regarding a dwelling that is located in a floodplain or that has been damaged by flooding (Applies to leases)
  • HB 1036

  • Beckley
    Relating to mandatory sales price disclosure in real property sales.  Bill requires sales price disclosure for filing in real property records.

Access to Public Records

  • HB 686

  • Clardy
    Relating to immunity from liability of a court clerk and county for the disclosure or release of a certain court documents and information contained in the court documents & Relating to making permanent the former temporary increases in records archive fees and records management and preservation fees charged by district and county clerks.  Raises fee to $10 from $5 for county and district clerks . 
  • HB 815

  • Kuempel
    Relating to authority of a county to require photo identification to file certain documents with the county clerk. Discretionary bill that allows a county clerk to request a photo ID before filing documents (no fee to be charged for photo copying ID). 

Probate

  • SB 192

  • Perry
    Relating to the transfer of certain probate proceedings to the county in which the executor or administrator of a decedent’s estate resides. Allows transfer of probate proceedings following appointment of an executor or administrator in specific circumstances.  

Miscellaneous

  • HB 834

  • Hernandez
    Relating to the authority of a county to adopt a land bank program.
  • HB 1024

  • Martinez
    Relating to real property executed in trust for the issuance of a license as a bail bond surety. Requires proof of a title policy on non-exempt property in bail bond licensing.
  • HB 1116

  • Wray
    Relating to the limitations periods for certain suits against real estate appraisers and appraisal firms.  Clarifies statute of limitations for appraiser/appraisal lawsuits.