2021 TLTA Bills of Interest

COVID

All of these bills seek to modify the emergency powers of state officials.

  • HB 327

    • Howard
    Relating to the Internet broadcast or audio recording of certain open meetings.

  • HB 629

    • White
    Relating to the governor's power to control the sale, dispensing, transportation, storage, and use of alcoholic beverages, ammunition, explosives, combustibles, and weapons.

  • HB 905

    • Krause
    Relating to the compensation of certain public officials who restrict or prohibit regular business operations under a declaration of disaster.

  • HB 906

    • Krause
    Relating to a prohibition on orders issued during a declared state of disaster that distinguish between essential and nonessential services.

  • HJR 42

    • Toth
    Proposing a constitutional amendment regarding certain powers of the governor in issuing orders or proclamations and specifying the powers of the legislature in special sessions.

  • HJR 47

    • Krause
    Proposing a constitutional amendment requiring the governor to convene the legislature in special session following certain disaster or emergency declarations and specifying the powers of the legislature in special sessions.

  • SB 329

    • Paxton
    Relating to a credit against the ad valorem taxes imposed on the property of certain businesses that are required to close by an order, proclamation, or other instrument.

Electronic Filing

  • HB 947

    • Sherman
    Relating to the electronic filing with and the recording by county clerks of records conveying title to or an interest in real property.

  • HB 948

    • Sherman
    Relating to the authentication and recording of instruments conveying real property.

  • HB 949

    • Sherman
    Relating to the electronic filing with and the recording by county clerks of records conveying or purporting to convey title to or an interest in real property.

Eminent Domain

  • HB 452

    • Gonzalez
    Relating to a study regarding the feasibility of creating a mechanism by which a governmental entity could acquire small parcels of real property in an area and convey them to a developer.

  • HB 901

    • Burns
    Relating to the acquisition of real property by an entity with eminent domain authority.

  • HB 902

    • Burns
    Relating to the acquisition of real property by an entity with eminent domain authority; requiring an occupational license; authorizing a fee; providing a civil penalty; imposing a criminal penalty. HB 901 and 902 by Burns are repeat bills from 2019, lengthy in nature seeking to modify the eminent domain process.

  • SB 157

    • Perry
    Relating to eminent domain reporting requirements for certain entities. Reporting requirement for governmental entities regarding eminent domain.

Privacy

  • SB 56

    • Zaffirini
    Relating to the availability of personal information of a current or former federal prosecutor or public defender. Extension of Judge Kocurek protection bill from prior session.

Public Records

HB 485 and SB 214 are companion bills from Harris County legislators providing for a judicial removal of certain unconstitutional/discriminatory provisions in real property records. SB 222 by Hughes of East Texas addresses the same subject matter but provides for a non-judicial approach through a form submitted to the County Clerk.

  • HB 485

    • Wu
     Relating to the removal of certain unconstitutional provisions from real property records.

  • HB 1202

    • Jetton
     Relating to the amendment of a dedicatory instrument to remove a discriminatory provision---Provides a process for removal of discriminatory provisions, including for property owners’ associations.

  • SB 214

    • Whitmire
     Relating to the removal of certain unconstitutional provisions from real property records.

  • SB 222

    • Hughes
     Relating to the removal of certain discriminatory restrictions and provisions from certain real property records.

Real Estate Transactions

  • HB 84

    • Hinojosa
    Relating to the authority of municipalities to enact a requirement that establishes the sales price for certain housing units or residential lots. This bill repeals Local Government Code section 214.905.

  • HB 151

    • Landgraf
    Relating to exercise of authority by a personal representative of a decedent's estate without court approval. Expands rights of personal representatives in specific situations.

  • HB 216

    • Ortega
    Relating to residential mortgage loans, including the financing of residential real estate purchases by means of a wrap mortgage loan. A 17-page bill making extensive changes to wrap around mortgages.

  • HB 531

    • Walle
    Relating to notice requirements for a leased dwelling located in a floodplain. Applicable to landlord-tenant relationships.

  • HB 654

    • Lucio
    Relating to the rule against perpetuities. Amends Property Code 112.036 as to non-charitable trusts by extending the vesting date to 300 years.

  • HB 875

    • Lopez
    Relating to the prohibition of housing discrimination on the basis of age or certain housing needs and to the enforcement of that prohibition. Amends Property Code 301.003 regarding age discrimination/certain housing needs.

  • HB 1059

    • Stephenson
    Relating to a seller's disclosure of the location of certain real property in a floodplain. Applies to transactions less than 15 acres that do not contain a residence or a residence under construction.

  • HB 1129

    • Lopez
    Relating to false, misleading, or deceptive advertising made in connection with a reverse mortgage loan agreement.

  • SB 43

    • Zaffirini
    Relating to residential mortgage loans, including the financing of residential real estate purchases by means of a wrap mortgage loan. Not listed as companion to HB 216 but quite similar.

  • SB 146

    • Perry
    Relating to the transfer of certain probate proceedings to the county in which the executor or administrator of a decedent's estate resides. Repeat of 2019 filed bill seeking to ease the burden of court appointed executors or administrators.

  • SB 219

    • Hughes
    Relating to civil liability and responsibility for the consequences of defects in the plans, specifications, or related documents for the construction or repair of an improvement to real property. Contractors/Architect liability bill.

  • SB 359

    • Miles
    Relating to a credit against the ad valorem taxes imposed on the property of certain businesses that are required to close by an order, proclamation, or other instrument.

  • SB 360

    • Miles
    Relating to the release of a deed of trust or other contract lien securing a home loan after direct payoff by mortgagor. Requires a release to be provided by a mortgagee to a mortgagor or filed with the county clerk within 45 days of full payment. Does not apply to a payment of a home loan made on behalf of a mortgagor by a title company or an authorized title insurance agent.

  • SB 362

    • Miles
    Relating to the satisfaction of a reverse mortgage loan after the death of the last surviving borrower. Requires a minimum six-month period before foreclosure following death of last surviving borrower.

  • SB 363

    • Miles
    Relating to prohibiting daily simple interest home loans. Adds Finance Code Section 343.107 which prohibits daily simple interest home loans.

Sales Price Disclosure

  • HB 203

    • Bernal
    Relating to a study of the impact, feasibility, and advisability of adopting a property tax system in which the disclosure of the sales price of real property is required by law.

  • HB 1101

    • Beckley
    Relating to mandatory sales price disclosure in real property sales. Disallows an instrument to be filed without disclosing the sales price, provides a penalty.

Tax Issues

  • HB 533

    • Shine
    Relating to ad valorem tax sales of personal property seized under a tax warrant.

  • SB 63

    • Nelson
    Relating to the system for appraising property for ad valorem tax purposes.