2021 TLTA Bills of Interest

COVID

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

• HB 3

Burrows
Relating to state and local government responses to a pandemic disaster.

• 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.

• HB 1487

Dean
Relating to the protection of religious organizations.

• HB 1656

Murphy
Relating to certain orders, proclamations, and regulations issued in response to a disaster by the governor or the presiding officer of the governing body of a political subdivision.

• HB 1978

Toth
Relating to a state of disaster declared by the governor because of COVID-19.

• HB 3781

Tinderholt
Relating to a prohibition on executive orders issued during a declared state of disaster that prohibit a business or category of businesses from operating.

• HB 3783

Tinderholt
Relating to the penalty for violating certain executive orders, proclamations, or regulations issued by the governor.

• HB 3784

Tinderholt
Relating to the penalty for a violation of an emergency management plan.

• HB 3785

Tinderholt
Relating to the governor's authority to suspend regulatory statutes, orders, and rules during a declared state of disaster.

• 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 18

Creighton
Relating to authority of the governor and certain political subdivisions to regulate firearms, ammunition, knives, air guns, explosives and combustibles and certain associated businesses during certain disasters and emergencies. HB 1500 and HB 2249 by Hefner are identical and are both companions to SB 18.

• 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.

• SB 525

Buckingham
Relating to an emergency rule adopted by a state agency during certain periods of disaster.

• SB 1025

Birdwell
Relating to the authority of the Legislature and Governor with respect to certain disaster or emergency declarations.

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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.

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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.

• HB 1879

Schofield
Relating to establishing actual progress for the purpose of determining the right to repurchase real property from a condemning entity Amends Property Code Section 21.101(b).

• HB 2041

Leman
Relating to the disclosure of appraisal reports in connection with the use of eminent domain authority. Companion to SB 721.

• HB 2042

Leman
Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority. Companion to SB 723.

• HB 2043

Leman
Relating to the qualification of land for appraisal for ad valorem tax purposes as agricultural land and the liability for the additional tax imposed on such land if the use of the land changes as a result of a condemnation. Companion to SB 725.

• HB 2044

Leman
Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity. Companion to SB 726.

• HB 2730

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

• HB 3309

Harris
Relating to options contracts to acquire real property for high-speed rail projects.

• HB 3310

Ellzey
Relating to the acquisition of necessary real property for the construction of a high-speed rail project.

• HB 3311

Ellzey
Relating to the composition of the statewide passenger rail system coordinated by the Texas Dept. of Transportation.

• HB 3312

Harris
Relating to the disposition of real property acquired for high-speed rail projects.

• HB 3385

Rogers
Relating to a landowner's bill of rights statement in connection with the acquisition of real property through eminent domain.

• HB 4107

Burrows
Relating to the exercise of the power of eminent domain by a common carrier pipeline.

• HJR 92

Schofield
Eminent Domain Constitutional Amendments.

• HJR 93

Schofield
Eminent Domain Constitutional Amendments.

• SB 157

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


• SB 721

Schwertner
Relating to the disclosure of appraisal reports in connection with the use of eminent domain authority. Companion to HB 2041.

• SB 722

Schwertner
Relating to the failure to disclose certain appraisal reports by an entity with eminent domain authority in connection with an offer to acquire real property.

• SB 723

Schwertner
Relating to certain requirements in connection with the acquisition of real property for public use by an entity with eminent domain authority. Companion to HB 2042.

• SB 724

Schwertner
Relating to the award of attorney's fees and other costs in an eminent domain proceeding.

• SB 725

Schwertner
Relating to the qualification of land for appraisal for ad valorem tax purposes as agricultural land and the liability for the additional tax imposed on such land if the use of the land changes as a result of a condemnation. Companion to HB 2043.

• SB 726

Schwertner
Relating to establishing actual progress for the purposes of determining the right to repurchase real property from a condemning entity. Companion to HB 2044.


• SB 986

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


• SB 1842

Eckhardt
Relating to the possession of property to be acquired by eminent domain during pending litigation in a condemnation proceeding.

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Foreclosure

• HB 2013

Reynolds
Relating to provision of a verified accounting for actions involving foreclosure of a lien on residential real property or recovery on a consumer credit account.

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Privacy

• HB 3535

Hunter
Relating to the availability of dates of birth under the public information law. SB 926 by Zaffirini is companion bill.


• HB 3741

Capriglione
Relating to the personal identifying information collected, processed, or maintained by certain businesses.


• HB 3744

Capriglione
Relating to the prohibited use or dissemination of certain private or false information.


• HB 3746

Capriglione
Relating to certain notifications required following a breach of security of computerized data.


• HB 3892

Capriglione
Relating to matters concerning governmental entities, including cybersecurity, governmental efficiencies, information resources, and emergency planning.


• HB 4164

Capriglione
Relating to the authority of individuals over the personal identifying information collected, processed, or maintained about the individuals and certain others by certain businesses.


• 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.


• SB 926

Zaffirini
Relating to the availability of dates of birth under the public information law.

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Power of Attorney

• HB 2662

Krause
Relating to the elimination of certain regulations waived during the coronavirus disease (COVID-19) pandemic.

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. TLTA Position: Neutral

• HB 485

Wu
Relating to the removal of certain unconstitutional provisions from real property records. TLTA Position: Neutral


• 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.


• HB 1440

Schafer
Relating to the availability of personal information of individuals who are honorably retired from certain law enforcement positions.


• HB 1483

Johnson
Relating to the redaction of an unconstitutional restriction from an instrument conveying an interest in real property.


• HB 2131

Ellzey
Relating to the retention of instruments recorded in property records of a county.

• HB 2274

Johnson
Relating to the extension or amendment of deed restrictions in certain older subdivisions. 8-page bill amending Section 216 of the Property Code.


• HB 2414

Davis
Relating to the requirement that a person present photo identification to file a document in the real property records of a county.


• HB 2591

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


• HB 3458

White
Relating to expunging federal tax liens from county deed records.


• HB 4255

Morales-Shaw
Relating to the removal of certain unconstitutional provisions from real property records.


• HB 4347

Hefner
Relating to address confidentiality on certain documents for certain federal officials and family members of certain federal officials or federal or state court judges. Companion bill to SB 1134.


• SB 16

Nelson
Relating to prohibitions on the dissemination by a state agency of an individual's personal data.


• SB 30

West
Relating to the removal of certain discriminatory restrictions and provisions from certain real property records--Priority Senate Bill. Companion to SB 222. TLTA Position: Neutral


• SB 214

Whitmire
Relating to the removal of certain unconstitutional provisions from real property records. TLTA Position: Neutral 


• SB 222

Hughes
Relating to the removal of certain discriminatory restrictions and provisions from certain real property records. Companion to SB 30. TLTA Position: Neutral


• SB 602

Kolkhorst
Relating to the amendment of a dedicatory instrument to remove a discriminatory provision. Companion to HB 1202.


• SB 754

Miles
Relating to the amendment of a dedicatory instrument to remove a discriminatory provision. Companion to HB 1202 and SB 602.


• SB 1134

Hughes
Relating to address confidentiality on certain documents for certain federal officials and family members of certain federal officials or federal or state court judges. Companion bill to HB 4347.

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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. Companion to SB 1377. TLTA Position: Neutral


• 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. Companion to SB 461.


• HB 1129

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


• HB 1418

Leach
Companion to SB 219 (place on same line as SB 219 indicating it is a companion bill).


• HB 1659

Murphy
Relating to the amendment of a residential subdivision's declaration to affect certain types of property located in the subdivision.

• HB 1679

Romero
Relating to the survival of a mechanic's retainage lien after the foreclosure of a lien securing a construction loan This bill is similar to a 2019 M&M lien bill by Rep. Romero which was heard in committee but was left pending by the Chair. TLTA Position: Neutral

• HB 1939

Smith
Relating to the limitations periods for certain suits against real estate appraisers and appraisal firms.

• HB 1959

Swanson
Relating to the maintenance of records and charging of fees by a notary public.

• HB 1977

Parker
Relating to the applicability of certain limitations on the capture and use of biometric identifiers to financial institutions.

• HB 1993

Holland
Relating to seller's disclosures regarding fuel gas piping in residential real property.

• HB 2237

Burrows
Relating to mechanic's, contractor's or materialman's liens. 38-page bills making substantive changes to M&M lien law.

• HB 2240

Smithee
Relating to the disbursement of funds from a trust fund account by a title insurance company, title insurance agent, or escrow officer. Amends good funds definition in Insurance Code. Companion bill to SB 1958. TLTA Position: Neutral

• HB 2284

Toth
Relating to the physical presence of a borrower at the closing of a home equity loan.

• HB 2424

Murr
Relating to the definition of homestead. Amends Property Code definition of homestead.

• HB 2427

Murr
Relating to the transfer of certain probate proceedings to the county in which the executor or administrator of a decedent's estate resides. Companion to SB 156.

• HB 2533

Darby
Relating to performance of an evaluation of real property for use by a financial institution. Companion to SB 996.

• HB 2621

Murr
Relating to the limitation on the amount of a subcontractor’s line for labor or materials. Amends Property Code Section 53.024

• HB 2921

Middleton
Relating to applicability of the Private Real Property Rights Preservation Act to certain statutes relating to access to public beaches.

• HB 3069

Holland
Relating to statutes of limitation and repose for certain claims involving the construction or repair of an improvement to real property or equipment attached to real property.

• HB 3115

Shine
Relating to the release of a judgment lien on homestead property. Companion bill to SB 1594. TLTA Legislative Priority - TLTA Position: Support

• HB 3278

Noble
Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by mortgagor. Sets time period for a mortgagee to either file a release of lien or to provide such to the mortgagor.

• HB 3320

Landgraf
Relating to the effect of recording a quitclaim deed. Companion to SB 885 by Hughes. TLTA Legislative Priority - TLTA Position: Support

• HB 3367

Turner
Relating to the powers and duties of property ownership associations.

• HB 3472

Deshotel
Relating to the investment and use of excess residentialmortgage loan originator recovery fund fees. Companion bill to SB 1791.

• HB 3800

Darby
Relating to the release of a reversionary interest in certain real property by the Health and Human Services Commission and conditions related to that release. Local bill for West Texas. Companion bill to SB 1652.

• HB 3817

Hunter
Relating to the procedure for conducting surveys of public land, including the requirements regarding field notes and coordinate systems. Companion bill to SB 1072.

• HB 4374

Cyrier
Relating to the use of executory contracts for the purchase of land to be used as a residence in certain counties. Companion bill to SB 1556.

• HB 4551

Guillen
Relating to the creation of a commission to study land titles.

• HJR 104

Toth
Proposing a constitutional amendment authorizing the legislature to provide for exceptions to the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company. HJR is constitutional amendment for HB 2284.

• 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 156

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. Companion to HB 1418.

• 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.

• SB 461

Kolkhorst
Relating to a seller's disclosure of the location of certain real property in a floodplain. Companion to HB 1059.

• SB 765

Huffman
Relating to seller's disclosures regarding the proximity of certain residential real property to certain landfills and related facilities.

• SB 885

Hughes
Relating to the effect of recording a quitclaim deed--After 4th anniversary of recording a quit claim deed, it does not affect the question of a good faith purchaser/creditor and is not notice of any unrecorded conveyance or transfer or encumbrance on the real property. TLTA Legislative Priority - TLTA Position: Support

• SB 996

Nichols
Relating to performance of an evaluation of real property for use by a financial institution. Companion to HB 2533.

• SB 1072

Hinojosa
Relating to the procedure for conducting surveys of public land, including the requirements regarding field notes and coordinate systems. Companion bill to HB 3817.

• SB 1377

Johnson
Relating to the rule against perpetuities. Companion bill to HB 654. TLTA Position: Neutral

• SB 1556

Zaffirini
Relating to the use of executory contracts for the purchase of land to be used as a residence in certain counties. Bill limited to small south Texas county. Companion bill to HB 4374.

• SB 1594

Buckingham
Relating to the release of a judgment lien on homestead property. Companion bill to HB 3115. TLTA Legislative Priority - TLTA Position: Support

• SB 1637

Miles
Relating to the delivery of a deed to a grantee and to the recording of a deed.

• SB 1639

Miles
Relating to remedies for fraud and duress in the conveyance of real property.

• SB 1640

Miles
Relating to requiring witnesses to sign an instrument conveying real property interest. Bill requires a deed to be executed with requirements similar to the execution of a will.

• SB 1652

Seliger
Relating to the release of a reversionary interest in certain real property by the Health and Human Services Commission and conditions related to that release. Companion bill to HB 3800.

• SB 1791

Lucio
Relating to the investment and use of excess residential mortgage loan originator recovery fund fees. Companion bill to HB 3472.

• SB 1874

Miles
Relating to the duty of a county clerk to send a copy of a recorded deed to the grantor.

• SB 1875

Miles
Relating to the requirement for a deed to include a statement regarding certain fraudulent conveyances or recordings.

• SB 1932

Hughes
Relating to durable powers of attorney and the construction of certain powers conferred in those powers of attorney.

• SB 1958

Creighton
Relating to the disbursement of funds from a trust fund account by a title insurance company, title insurance agent, or escrow officer. Companion bill to HB 2240. TLTA Position: Neutral

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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.


• HB 3260

Thierry
Relating to ad valorem taxation, including the disclosure of the sales price of real property to use in appraising property for ad valorem tax purposes and the effect of an unfunded mandate on the use by a political subdivision. Bill allows for a county wide election regarding sales price disclosure.


• HB 3939

Talarico
Relating to a requirement that a purchaser of commercial real property disclose the sales price of the property to the appraisal district and to the use of that information by the appraisal district.

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Tax Issues

• HB 533

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


• HB 1347

Goodwin
Relating to the authority of a political subdivision to impose certain fees on new construction. Repeals linkage fees prohibition in Local Government Code Section 250.008


• HB 1395

Middleton
Relating to ad valorem taxation. 95-page bill on ad valorem taxation.


• HB 1543

Parker
Relating to certain procedural requirements for public improvement districts and transfers of property located in public improvement districts.


• HB 1628

Raymond
Relating to the correction of an ad valorem tax appraisal roll and related appraisal records.


• HB 1733

Krause
Relating to insurance premium tax credits for investments supporting agriculture and rural development projects.


• HB 1789

Vasut
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.


• HB 2014

Lucio
Relating to ad valorem taxation. Bill makes several substantive changes to various sections of Tax Code.


• HB 2288

White
Relating to the repeal of the additional ad valorem taxes imposed as a result of the sale or change in the use of land appraised as agricultural or open-space land.


• HJR 43

Wilson
Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.


• SB 63

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

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Title Insurance Regulations

• HB 2825

Bonnen
Relating to certain transactions involving real property located near military bases. TLTA Position: Oppose

• HB 3433

Smithee
Relating to prohibited discrimination on the basis of an individual's political affiliation or expression by certain insurers Anti-discrimination statute.

• HB 4030

Smithee
Relating to the licensing and regulation of insurance professionals. Companion bill to SB 1810.

• HB 4153

Sanford
Relating to the filing of an annual audit report by a title insurance company, title insurance agent, or direct operation.

• SB 1810

Hancock
Relating to the licensing and regulation of insurance professionals. Companion bill to HB 4030.