May 24, 2023

The Texas Legislature's 88th Session is scheduled to end in less than a week on May 29, and many high priority issues remain unresolved. Thousands of bills have already died, including the foreign ownership bill we've been reporting on since December (scroll to the end of this article to learn more). As reported last week, the two bills on TLTA’s Affirmative Legislative Agenda have been sent to the Governor (learn more in the blurb below).
 
This is a time of great turmoil within the state Capitol, and our advocacy team remains watchful and on call around the clock to provide support as needed for the lawmakers and legislative leadership navigating the final days of session. 
 
There are 5 days remaining in the Texas Legislature's 88th Session. 
 

TLTA's Affirmative Legislative Agenda: The Two Bills We're Working to Pass This Session Have Been Approved by Both Chambers and Sent to the Governor

As part of our industry's affirmative agenda for the 88th Legislative Session, TLTA is seeking passage of a bill allowing for Remote Ink Notarization (RIN) within the existing statutory Remote Online Notarization (RON) framework. Additionally, we are working to pass a bill clarifying that a deed conveying title to a trust (as opposed to naming the trustee of that trust) should be deemed to be a conveyance into the trustee. 
 
Both of these bills, SB 801 and SB 1780, have won approval of the Senate and House and are now on their way to the Governor's desk. The Governor can veto them, sign them, or let them become law without his signature. Our advocacy team is working with the bill authors and Governor's staff to secure a favorable outcome in this final stage of the legislative process. 
 
These affirmative legislative agenda items were approved by TLTA's Board of Directors  as recommended by our Legislative Committee , which is chaired by Steve Streiff.
 
Learn more about these bills and how they will improve real estate transactions statewide:
 
Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager

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May 17, 2023

We are excited to report that the two bills TLTA is working to pass this session have been approved by both chambers of the Legislature and are on their way to the Governor's desk. More info can be found in the blurbs below. 
 
With less than two weeks to go in the Texas Legislature's 88th Session, many of the session's major issues remain unresolved, including the state budget, property tax relief, electric grid reform, and more. Thousands of still-viable bills are working their way through the legislative process at all hours day and night, and your TLTA advocacy team are watching all of it closely. We remain on guard against the resurrection of bad bills, and we continue working with lawmakers on bills that could impact our industry or the real estate marketplace. Gratitude is due to the army of industry volunteers who remain on call to answer questions and assist as needed, oftentimes late at night and on weekends. Thank you, all.
 
There are 12 days remaining in the Texas Legislature's 88th Session. 
 
RIN Bill and Trust As Grantee Clarification Bills Approved by Senate and House, En Route to Governor's Desk
As part of our industry's affirmative agenda for the 88th Legislative Session, TLTA is seeking passage of a bill allowing for Remote Ink Notarization (RIN) within the existing statutory Remote Online Notarization (RON) framework. Additionally, we are working to pass a bill clarifying that a deed conveying title to a trust (as opposed to naming the trustee of that trust) should be deemed to be a conveyance into the trustee. 
 
Both of these bills, SB 801 and SB 1780, have won approval of the Senate and House and are now on their way to the Governor's desk. The Governor can veto them, sign them, or let them become law without his signature. Our advocacy team is working with the bill authors and Governor's staff to secure a favorable outcome in this final stage of the legislative process. 

TLTA's Affirmative Legislative Agenda: Bills We're Working to Pass

As noted in the blurb above, TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager

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May 10, 2023

The first major, end-of-session deadline passed on Monday, and a host of late session tactics are now in play, including the resurrection of bad bills via last minute amendments to viable legislative vehicles, and killing legislation through “chubbing” (i.e., the act of drawing out the legislative process as long as possible through speeches and questions on each bill).
 
These last three weeks of session are challenging, and our industry advocacy team is working around the clock to address the priorities identified by TLTA's Board of Directors, our Legislative Committee, and the industry trade groups with whom we partner on many issues facing the state's real estate marketplace.
 
We are pleased to note that both of the bills we are working to pass this session are on the House's Local and Consent calendar tomorrow, Friday, May 12. Read more below. 
 
There are 19 days remaining in the Texas Legislature's 88th Session.
 

RIN Bill and Trust As Grantee Clarification Bills on House Consent Calendar This Friday

As part of our industry's affirmative agenda for the 88th Legislative Session, TLTA is seeking passage of a bill allowing for Remote Ink Notarization (RIN) within the existing statutory Remote Online Notarization (RON) framework. Additionally, we are working to pass a bill clarifying that a deed conveying title to a trust (as opposed to naming the trustee of that trust) should be deemed to be a conveyance into the trustee.
 
We are pleased to report that the Senate versions of both of these bills have now passed the Senate, and have also been approved by House committee. Next step for both bills is winning approval on the House floor.
 
Both bills are scheduled to be heard as part of the House's Consent Calendar tomorrow, Friday May 12. We are hopeful that we will avoid any of the end of session chaos and our bills will be passed by the House. Your TLTA advocacy team are tirelessly working House offices to secure a successful outcome. 
 

TLTA's Affirmative Legislative Agenda: Bills We're Working to Pass

As noted in the blurb above, TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager

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May 4, 2023

We are in the last month of the 88th Legislative Session and key procedural deadlines come into play as early as Monday, May 8. There are thousands of bills in various stages of the legislative process and we know that approximately 85% of those bills will die.
 
Legislative activity within the Capitol complex is in motion around the clock now, and your TLTA advocacy team are hard at work communicating our priorities to legislators, staff and stakeholders within the challenging, end-of-race conditions that always present themselves near the conclusion of a legislative session.
 
A conference committee is in the process of working out differences in the House and Senate versions of the state's spending plan for the upcoming biennium -- the only task that lawmakers need to complete to satisfy their constitutional duties. But no final state budget has been approved yet, and other high priority issues like property tax reform remain undecided too.
 
As we commonly see closer to the end of a session, some Capitol observers are raising the spectre of a special session. We don't have enough information to reach that conclusion today, but we will continue monitoring the legislative landscape and keep you apprised if there are any concerns for our industry in that regard. 
 
There are 26 days remaining in the Texas Legislature's 88th Session.
 

RIN Bill Passed by Senate on Monday - That's the Second Bill TLTA Is Working to Pass That Cleared the Senate

As part of our industry's affirmative agenda for the 88th Legislative Session, TLTA is seeking passage of a bill allowing for Remote Ink Notarization (RIN) within the existing statutory Remote Online Notarization (RON) framework. SB 1780 by Sen. Parker and HB 5004 by Rep. Capriglione would accomplish the goals spelled out in this one-pager, and both bills are making healthy progress through the legislative process.
 
SB 1780 was approved by the Senate on Monday and was then referred to the House House Judiciary and Civil Jurisprudence Committee. 
 
SB 801, the Trust as Grantee Clarification bill TLTA is working to pass this session, has also cleared the Senate, as previously reported here in Dateline.  

TLTA's Affirmative Legislative Agenda: Bills We're Working to Pass

As noted in the blurbs above, TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
Status: Passed by Texas Senate, Heard and Left Pending by House B&I Committee
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager
Status: Past by the Texas Senate, Referred to House Judiciary and Civil Jurisprudence Committee

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April 26, 2023

State budget negotiations continue after the House and Senate named conferees for the conference committee that will sort out differences in the two chambers' versions of the state budget for the upcoming biennium.  
 
The first of the major, end-of-session deadlines is less than 14 days out. By Monday, May 8, HBs and HJRs must be filed with the Committee Coordinator. If a HB or HJR has not passed that milestone by May 8, it will be dead for the session absent some procedural manuever to revive it (e.g., as an amendment to a viable bill). Additional legislative deadlines will come into play as lawmakers navigate the final month of session. 
 
There are 32 days remaining in the Texas Legislature's 88th Session. 

Trust as Grantee Clarification Bill SB 801 Recommended for House Local and Consent Calendar 

As part of our industry's affirmative agenda for the 88th Legislative Session, TLTA is seeking passage of a bill clarifying that a deed conveying title to a trust (as opposed to naming the trustee of that trust) should be deemed to be a conveyance into the trustee.
 
SB 801 by Senate State Affairs chair Hughes, which would accomplish the goals laid out in this one-pager, has already been approved by the Texas Senate, was approved by the House Business and Industry Committee this week, and has now been recommended for the House Local and Consent Calendar. 

RIN Bills Heard in House Committee and Placed on Senate Intent Calendar

As part of our industry's affirmative agenda for the 88th Legislative Session, TLTA is seeking passage of a bill allowing for Remote Ink Notarization (RIN) within the existing statutory Remote Online Notarization (RON) framework. SB 1780 by Sen. Parker and HB 5004 by Rep. Capriglione would accomplish the goals spelled out in this one-pager, and both bills are making healthy progress through the legislative process.
 
SB 1780 has been placed on the Senate Intent Calendar and could be heard on the Senate floor as early as April 27. 
 
HB 5004 was heard in the House Judiciary and Civil Jurisprudence Committee on April 26.

TLTA's Affirmative Legislative Agenda: Bills We're Working to Pass

As noted in the blurbs above, TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
Status: Passed by Texas Senate, Heard and Left Pending by House B&I Committee
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager
Status: Reported Favorably by Senate State Affairs Committee, Referred to House Judiciary and Civil Jurisprudence Committee

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April 19, 2023

The Texas Senate passed their version of the state budget for the upcoming biennium earlier this week. You can learn more about the Senate's proposal here. Now the House and Senate will appoint conferees to work out the differences in the chambers' plans.
 
Also worth noting: the Texas House passed their property tax relief package, setting the stage for fight with Senate re: appraisal cap reform. Learn more here. 
 
There are 39 days remaining in the Texas Legislature's 88th Session.
 

Trust as Grantee Clarification Bill HB 4281 Heard in House Business and Industry Committee Monday

As part of our industry's affirmative agenda for the 88th Legislative Session, TLTA is seeking passage of a bill clarifying that a deed conveying title to a trust (as opposed to naming the trustee of that trust) should be deemed to be a conveyance into the trustee.
 
HB 4281, which was filed by Rep. Longoria and would accomplish the goals spelled out in this one-pager, was heard in the House Business and Industry Committee on Monday.
 
TLTA Legislative Committee Chair Steve Streiff’s testimony was well received by the House committee. TLTA appreciates our partners in this effort to clarify lingering confusion regarding deed conveyance involving trusts.
 
This bill's identical companion, SB 801 by Senate State Affairs chair Hughes, has already been approved by the Texas Senate. 
 

Other Movement on Bills We're Working to Pass - RIN Bill, SB 1780

RIN Bill, SB 1780 - Reported Favorably by Senate State Affairs April 13
 

TLTA's Affirmative Legislative Agenda: Bills We're Working to Pass

As noted in the blurbs above, TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
Status: Passed by Texas Senate, Heard and Left Pending by House B&I Committee
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager
Status: Reported Favorably by Senate State Affairs Committee, Referred to House Judiciary and Civil Jurisprudence Committee 

Bills TLTA's Board Voted to Support

In addition to the bills we're working to pass listed above, TLTA's Board voted April 4 to support the following bills this session:
 
Bills TLTA is supporting this session »

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April 12, 2023

The Texas House adopted its version of the state budget for the upcoming biennium on Thursday last week. Their proposal includes funding for property tax relief. Learn more about the House's version of the state budget. The Texas Senate will now amend and adopts its own version of the state budget, then the two chambers will work out the differences in their respective versions via a conference committee. 
 
There are 46 days remaining in the Texas Legislature's 88th Session.

Remote Ink Notarization Bill Heard in Senate State Affairs Tuesday, April 11

As part of our industry's affirmative agenda for the 88th Legislative Session, TLTA is seeking passage of a bill allowing for Remote Ink Notarization (RIN) within the existing statutory Remote Online Notarization (RON) framework.
 
SB 1780, which was filed by Sen. Parker and would accomplish the goals spelled out in this one-pager, was heard in the Senate State Affairs Committee on Tuesday.
 
TLTA Legislative Committee Chair Steve Streiff’s testimony was well received by the Senate committee. Others testifying for the bill included the Texas Mortgage Bankers Association and the AARP. TLTA appreciates our partners in this effort to provide more options for the real estate consumer.
 
Learn more about this and other bills TLTA is working to pass this session in the blurbs below.

TLTA's Affirmative Legislative Agenda: Bills We're Working to Pass

TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
Status: Passed by Texas Senate, Referred to House B&I Committee
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager
Status: Referred to Senate Jurisprudence Committee, Referred to House Judiciary and Civil Jurisprudence Committee
 
Additionally, TLTA's Board voted April 4 to support the following bills this session:
 
Review a list of additional bills TLTA's advovacy team are working to pass » 

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April 5, 2023

The Texas House is hearing the House's version of the state budget for the upcoming biennium (HB 1) on the House floor today, as well as the supplemental appropriations bill, which covers gaps in funding for the current biennium. Development of the state budget impacts all policy areas during the legislative session, and your TLTA advocacy team continue to monitor the appropriations process.  
 
There are 53 days remaining in the Texas Legislature's 88th Session.
 

TLTA's Board of Directors Votes to Support Additional Legislation Being Developed by the Texas Legislature This Session

TLTA's Board of Directors met this week, Tuesday, April 4, and voted to support the following four bills:
 

Additionally, the board voted to support the following bills, with the caveat that these bills would need to be amended to accomplish goals discussed by the board in consultation with TLTA's Legislative Committee and advocacy team:
 
 

TLTA's Affirmative Legislative Agenda: Other Bills We're Working to Pass

TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
Status: Passed by Texas Senate, Referred to House B&I Committee
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager
Status: Referred to Senate Jurisprudence Committee, Referred to House Judiciary and Civil Jurisprudence Committee
 

TLTA is Actively Working on These Bills That Could Impact Our industry

While we are monitoring more than 100 bills this session that could impact our industry or the state's real estate marketplace (see Other Bills TLTA Is Monitoring blurb below), some of the bills on that list require active engagement by our advocacy team. Review list of bills TLTA is working on that could impact our industry. 
 
We are working with the bill authors and other stakeholders to address concerns and seek improvements to these bills to avoid unintended consequences and preserve our daily functions as title agents and underwriters.

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March 29, 2023

The Texas House is scheduled to hear the House's version of the state budget for the upcoming biennium (HB 1) on the House floor next Thursday. The Senate Finance Committee adopted the Senate's version of the budget on Monday of this week. 
 
80 days of the 140-day legislative session have passed, and legislative activity in the state Capitol percolates around the clock. This is considered the mid stretch of the legislative session, with the final, hard push to the session's conclusion ramping up in the weeks following Easter. 
 
There are 58 days remaining in the Texas Legislature's 88th Session.
 

Private Transfer Fee Developments – AG Files Lawsuit Against Covenant Clearinghouse

Two recent developments are impacting legislative discussions regarding statutory enhancement of Private Transfer Fee prohibitions. Last week, the Attorney General filed a lawsuit against Covenant Clearinghouse. Additionally, in another related lawsuit filed by Highland Homes against Covenant Clearinghouse, a summary judgement was handed down in favor of Highland Homes. See the two cases here:
 
Texas AG Files Petition Against Covenant Clearinghouse
Motion of Summary Judgement in Highland Homes Case
 
Out of deference to the suit filed by the Attorney General and other similar pending litigation, TLTA is pausing progress on the private transfer fee bill that was part of our affirmative agenda in order to closely monitor the status of these legal proceedings and evaluate what impact they might have on the current statute.
 

Update on NTRAPS Bill (Right-to-List Agreements)

House Bill 4126, which would codify right-to-list agreements (or Non-Title Recording Agreements for Personal Services (NTRAPS)), was heard in committee Wednesday.
 
Some background on this issue: Since 2018 real estate brokerage firms have been offering homeowners as little as $300 in exchange for signing decades-long listing agreements. These NTRAPS agreements are filed in property records, which can produce unreasonable restraints on future ability to sell or refinance property due to unwarranted transactional costs -- a system contrary to our industry's continued support for certainty of landownership, and the reason why ALTA and TLTA have been so vocal on this bill.
 
The agreements that would be codified if HB 4126 was passed are harmful to consumers in many ways, including the following:
 

• Creation of unreasonably long contractual obligations
• Cost of cancellation or non-compliance 5, 10 or 15 years later is 3% of property value
• Penalties significantly greater than upfront payment
• Binding of future successors (who were not a part of the original agreement)

 
House Bill 4126 is outlier legislation that runs counter to bills in over 15 other states seeking to ban or limit the use of long-term listing agreements.
 
Former TLTA President Dawn Moore testified at yesterday's hearing on behalf of our industry and Texas consumers. Also providing testimony and national perspective on this issue was Elizabeth Blosser, ALTA's Vice President of Government Affairs. We appreciate our advocates who travelled to Austin to provide testimony about our strong concerns with this bill.
 
Additional development on this issue worth noting: North Carolina is now the fifth state to sue brokerage firm over right-to-list agreements.
 

TLTA's Affirmative Legislative Agenda: Bills We're Working to Pass

TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
Status: Passed by Texas Senate, Referred to House B&I Committee
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager
Status: Referred to Senate Jurisprudence Committee, Referred to House Judiciary and Civil Jurisprudence Committee

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March 23, 2023

The House Ways and Means Committee advanced HB 2 this week. HB 2 is the property tax reform bill identified by Speaker Phelan as a House priority this session. As we have reported, the budget surplus this session is spurring property tax reform ideas across the Capitol complex. We will continue to monitor development of this bill (and comparable Senate proposals, including SBs 3, 4, and 5, which were passed by the Senate yesterday), and alert you if there are developments of which you should be aware.
 
Also heard in committee this week was the Supplemental Appropriations Bill, SB 30, the vehicle through which legislative appropriators cover deficits in funding for the previous biennium and accomplish other short term budgetary needs. Development of the state budget impacts every policy area and bill being considered by the Texas Legislature, and we continue to monitor this process for developments that could impact our industry or real estate marketplace interests.  
 
There are 66 days remaining in the legislative session in progress.

TLTA is Actively Working on These Bills That Could Impact Our industry

While we are monitoring more than 100 bills this session that could impact our industry or the state's real estate marketplace (see Other Bills TLTA Is Monitoring blurb below), some of the bills on that list require active engagement by our advocacy team. We are working with the bill authors and other stakeholders to address concerns and seek improvements to these bills to avoid unintended consequences and preserve our daily functions as title agents and underwriters.
 

TLTA's Affirmative Legislative Agenda: Bills We're Working to Pass

TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Private Transfer Fee Statute Enhancement 
HB 2447 (Rep. Darby) | SB 1578 (Menéndez)
Review TLTA's One-Pager
Status: Referred to House B&I Committee, Referred to Senate State Affairs Committee

Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
Status: Passed by Texas Senate, Referred to House B&I Committee
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager
Status: Referred to Senate Jurisprudence Committee, Filed in House
 

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March 16, 2023

The bill filing deadline passed on Friday, March 10 with the Texas Legislature filing a record number of bills, exceeding the previous record by more than 800. Click the chart below to see additional data on the record number of bills filed, historical comparisons, and more:
 

Higher bill counts in both chambers this legislative session translate to increased opportunities and risks for our industry and the state's real estate marketplace. TLTA's team of advocates are monitoring all bills filed and will continue alerting you if bills of significance to our industry gain momentum in the legislative process, which kills roughly 3 of every 4 bills filed.
 
Great news: All of our legislative agenda items have been filed in both chambers. Our deepest respect and gratitude for all our bill authors, who are noted individually below.  
 
There are 73 days remaining in the legislative session in progress.

TLTA Legislative Priority, Trust as Grantee Clarification, Passed by Texas Senate, Filed in House  

Among the industry priorities on TLTA's affirmative legislative agenda this session is a Trust as Grantee Clarification bill. This important real estate marketplace legislation would clarify that a deed conveying title to a trust (as opposed to naming the trustee of that trust) should be deemed to be a conveyance into the trustee. Learn more in this one-pager. 
 
Last week the Senate version of this bill, SB 801, was approved by the Senate State Affairs Committee. Leslie Johnson, TLTA Board member and Judiciary Committee Chair, testified in support of SB 801 during the hearing. Today, SB 801 made it to the Senate floor, where it was approved by the full Senate. It's now headed to the Texas House for that chamber's consideration. 
 
We are also excited to report that an identical companion bill, HB 4281, was filed in the House by Rep. Oscar Longoria, who chairs the House Business and Industry Committee.
 
Thank you, Chairman Hughes and Chairman Longoria for your leadership on this important real estate marketplace legislation.  
 

TLTA Legislative Priority, Remote Ink Notarization as Part of RON Framework, Filed in House - HB 5004 

Allowing the use of Remote Ink Notarization (RIN) within the existing Remote Online Notary (RON) statutory framework is an important part of TLTA's affirmative agenda for the 88th Legislative Session, and we are pleased to announce that Rep. Giovanni Capriglione filed HB 5004. Learn more in this one-pager.
 
As reported in last week's Dateline, Sen. Tan Parker filed the companion bill in the Senate.  
 
Thank you, Sen. Parker and Rep. Capriglione for supporting the continuation of this effective real estate marketplace tool.

Bills TLTA Advocates Are Working to Pass

TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Private Transfer Fee Statute Enhancement 
HB 2447 (Rep. Darby) | SB 1578 (Menéndez)
Review TLTA's One-Pager
Status: Filed in House, Filed in Senate

Trust as Grantee Clarification 
SB 801 (Sen. Hughes) | HB 4281 (Rep. Longoria)
Review TLTA's One-Pager
Status: Passed by Texas Senate, Files in House
 
Remote Ink Notarization
SB 1780 (Sen. Parker) | HB 5004 (Rep. Capriglione)
Review TLTA's One-Pager
Status: Filed in Senate, Filed in House
 

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March 9, 2023

The Texas Legislature's bill filing deadline is this Friday, March 10. We are pleased to announce that all of TLTA's affirmative agenda for the legislative session have been filed in either the Texas House or the Texas Senate. We're grateful for our bill authors and we celebrate their leadership on these important industry and real estate marketplace priorities. Learn more about TLTA's affirmative legislative agenda below.
 
There are 80 days remaining in the legislative session in progress.
 

Hearing on TLTA-supported SB 801 today at 9 a.m. in Senate State Affairs Committee. TLTA Board Member Leslie Johnson to testify.

SB 801, a TLTA priority bill filed by Sen. Bryan Hughes, will be heard today at 9 a.m. in the Senate State Affairs Committee, which Hughes chairs. This important real estate marketplace legislation would clarify that a deed conveying title to a trust (as opposed to naming the trustee of that trust) should be deemed to be a conveyance into the trustee. Learn more in this one-pager. 
 
Leslie Johnson, TLTA Board member and Judiciary Committee Chair, will testify in support of SB 801 at this morning's hearing:
 
Watch the hearing beginning at 9 a.m. this morning, Thursday, March 9 »
 

TLTA priority RIN bill filed in Texas Senate - SB 1780

Allowing the use of Remote Ink Notarization (RIN) within the existing Remote Online Notary (RON) statutory framework is an important part of TLTA's affirmative agenda for the 88th Texas Legislative Session in progress now, and we are pleased to announced that Sen. Tan Parker filed that bill this week - SB 1780.  
 
Learn more about SB 1780 in this one-pager »
 

Bills TLTA Advocates Are Working to Pass

TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 
Private Transfer Fee Statute Enhancement 
HB 2447 (Rep. Darby) | SB 1578 (Menéndez)
Review TLTA's One-Pager
Status: Filed in House, Filed in Senate

Trust as Grantee Clarification 
SB 801 (Sen. Hughes) 
Review TLTA's One-Pager
Status: Hearing in Senate State Affairs scheduled
 
Remote Ink Notarization
SB 1780 (Sen. Parker)
Review TLTA's One-Pager
Status: Filed
 

Bills TLTA Is Monitoring

TLTA's legislative team reviews all bills filed during the session and monitors those that might impact our industry or the state's real estate marketplace. If these bills begin to move through the process and TLTA takes official positions on them, we’ll provide more detailed information about our stance and how they might affect you and your business. 
 
Review Current Bills to Watch List »
 

Questions About TLTA's Legislative Process?

TLTA's Legislative Committee, Local Legislative Liaisons, our industry's grassroots network and the TLTA PAC Board of Governors are all part of TLTA's team of engaged legislative advocates. 
 
Learn More About TLTA's Legislative Process and How You Can Get Involved »

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March 1, 2023

Texas House Speaker Phelan announced two packages of bills that will be House priorities this session, including a package focused on economic and workforce development. We expect to see additional announcements from the House regarding high priority legislation in the coming days.
 
There are 88 days remaining in the 88th Texas Legislative Session.

Senate State Affairs Committee Holding Hearing on Foreign Ownership Bills Tomorrow, Thursday, March 2

You may recall that last session a bill was filed related to foreign ownership of real estate, which as drafted would have negatively impacted our industry. TLTA shared its concerns with the legislature about that bill. The issue has resurfaced this session with myriad bills filed that could impact our industry when closing transactions involving foreign buyers.
 
The Senate State Affairs Committee is meeting tomorrow, Thursday, March 1, to hear two of those bills:

• SB 147
• SB 711

TLTA Legislative Committee Chair Steve Streiff will be testifying on behalf of TLTA at the hearing.
 
When TLTA's Board of Directors met last week, they voted to oppose SB 147 as filed. We continue working with SB 147's bill author and other stakeholders to improve the bill, and our concerns have been communicated to Senate State Affairs leadership, members and staff as part of the prep for tomorrow's hearing.
 
You can watch the Senate State Affairs hearing tomorrow, Thursday, March 2 at 9 am. 

As foreign ownership of U.S. real estate continues to grow as a hot button political issue, we may see additional bills filed on this subject. TLTA's advocacy team will continue to monitor and work to address each of these.

Bills TLTA Advocates Are Working to Pass

TLTA's advocacy team is supporting passage of the following bills during the 88th Legislative Session. These affirmative legislative agenda items were approved by TLTA's Board of Directors as recommended by our Legislative Committee, which is chaired by Steve Streiff. These statutory changes would improve real estate transactions statewide:
 

• Private Transfer Fee Statute Enhancement | HB 2447 (Rep. Darby) | Review TLTA's One-Pager 
• Trust as Grantee Clarification | SB 801 (Sen. Hughes) |  Review TLTA's One-Pager
• TLTA is also working with legislators to pass a RIN bill this session

Bills TLTA Is Monitoring

TLTA's legislative team reviews all bills filed during the session and monitors those that might impact our industry or the state's real estate marketplace. If these bills begin to move through the process and TLTA takes official positions on them, we’ll provide more detailed information about our stance and how they might affect you and your business. 
 
Review Current Bills to Watch List »

Questions About TLTA's Legislative Process?

TLTA's Legislative Committee, Local Legislative Liaisons, our industry's grassroots network and the TLTA PAC Board of Governors are all part of TLTA's team of engaged legislative advocates. 
 
Learn More About TLTA's Legislative Process and How You Can Get Involved »

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Feb. 22, 2023

During Gov. Abbott's State of the State speech last week, the governor named seven emergency items that can be voted on immediately this session (emergency items allow lawmakers to bypass a ban on passing legislation before the 60th day of a session). Property tax cuts are among the governor's emergency items. You can review a transcript of his State of the State speech here.
 
There are 99 days remaining in the 88th Texas Legislative Session. 

Private Transfer Fee Bill Filed by Rep. Drew Darby

There are currently three issues on TLTA's affirmative agenda for the legislative session in progress at the state Capitol in Austin, and we are pleased to announce that Chairman Drew Darby, senior member of the Texas House and author of the original bill outlawing Private Transfer Fees in 2011, has filed House Bill 2447, which would enhance the existing statute prohibiting Private Transfer Fees. Review TLTA's affirmative legislative agenda one-pager related to HB 2447.
 
As previously reported, Senate Bill 801 would address another of our industry's priorities this session, clarifying that a deed conveying title to a trust (as opposed to naming the trustee of that trust) should be deemed to be a conveyance into the trustee. Learn more about our industry's support for passage of SB 801.

TLTA Board Adopts Oppose Position for Two Foreign Ownership Bills as Filed

You may recall that last session a bill was filed related to restricting foreign ownership of real estate. TLTA shared its concerns with the legislature about that bill. The issue has resurfaced this session with myriad bills filed that could impact our industry when closing transactions involving foreign buyers.
 
When TLTA's Board of Directors met this week, they decided to oppose two of those bills as they were filed (we continue to work with legislative authors and stakeholders to improve these bills):   

SB 147
HB 1075
 
As foreign ownership of U.S. real estate continues to grow as a hot button political issue, we may see additional bills filed on this subject. TLTA's advocacy team will continue to monitor and work to address each of these.
 
TLTA's legislative team reviews all bills filed during the session and monitors those that might impact our industry or the state's real estate marketplace. If these bills begin to move through the process and TLTA takes official positions on them, we’ll provide more detailed information about our stance and how they might affect you and your business. 
 
Review Current Bills to Watch List »

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Feb. 15, 2023

The Lt. Gov. issued the Texas Senate's 88th Session priorities this week, including property tax-related bills.
 
Tomorrow, Thursday, Feb. 16, the Governor will deliver his state of the state address. 

ICYMI: Trust as Grantee Clarification Bill Filed

There are currently three issues on TLTA's affirmative agenda for the legislative session in progress at the state Capitol in Austin, and we are pleased to announce that Sen. Hughes, chair of the Senate's powerful State Affairs Committee and past author of legislation important to our indusrty, has filed a bill that would accomplish important objectives on our industry's session agenda. Senate Bill 801 would clarify that a deed conveying title to a trust (as opposed to naming the trustee of that trust) should be deemed to be a conveyance into the trustee – an important priority for our industry this session.
 
Review Senate Bill 801 »
Review TLTA's Affirmative Legislative Agenda One-Pager Related to SB 801 »  

Other Bills to Watch

TLTA's legislative team reviews all bills filed during the session and monitors those that might impact our industry or the state's real estate marketplace. If these bills begin to move through the process and TLTA takes official positions on them, we’ll provide more detailed information about our stance and how they might affect you and your business. Review Current Bills to Watch List.

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Feb. 9, 2023

The Speaker of the Texas House announced committee assignments this week. You can review House committee assignments for the 88th Legislative Session sorted by member or by committee.
 
Both chambers have made committee assignments now (ICYMI: here are the Senate's committee assignments) and we'll see the volume of legislative work increase in the weeks ahead as bills are routed to committee and hearings are announced. 

Trust as Grantee Clarification Bill Filed

There are currently three issues on TLTA's affirmative agenda for the legislative session in progress at the state Capitol in Austin, and we are pleased to announce that Sen. Hughes, chair of the Senate's powerful State Affairs Committee and past author of legislation important to our indusrty, has filed a bill that would accomplish important objectives on our industry's session agenda. Senate Bill 801 would clarify that a deed conveying title to a trust (as opposed to naming the trustee of that trust) should be deemed to be a conveyance into the trustee – an important priority for our industry this session.
 
Review Senate Bill 801 »
Review TLTA's Affirmative Legislative Agenda One-Pager Related to SB 801 »

TLTA's Day at the Texas Capitol Marked by Goodwill and Strengthened Connections With Lawmakers

Nearly 200 title industry professionals were in Austin this week for TLTA's Day at the Texas Capitol. We went door to door, visiting with legislators and staff to educate them about our industry's good work protecting Texans property rights and our affirmative legislative agenda this session. It was a successful goodwill mission and our deepest respect and gratitude for all who joined us at Day at Capitol to help us strengthen our connections with the lawmakers who oversee our regulated industry! 
 

Title professionals gather in the Capitol rotunda for a group photo during TLTA's Day at the Texas Capitol

Other Bills to Watch

TLTA's legislative team reviews all bills filed during the session and monitors those that might impact our industry or the state's real estate marketplace. If these bills begin to move through the process and TLTA takes official positions on them, we’ll provide more detailed information about our stance and how they might affect you and your business. Review Current Bills to Watch List. 

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Feb. 2, 2023

Winter weather is disrupting legislative activities in Austin this week. However, your TLTA advocacy team has continued to prepare with excitement for Day at the Capitol next week Feb. 7 - 9. It's not too late to join us!

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Jan. 25, 2023

The Lt. Governor announced Texas Senate committee assignments this week, and while there are some structural changes to the Senate's standing committees, there were no surprise assignments on the committees that generally oversee our industry's issues. After committee assignments were announced, Senate Finance scheduled three weeks of hearings on the state budget. As mentioned in last week's Dateline, development of the state budget impacts all policy areas and decisions in the legislative process, and your team at TLTA continues to monitor that work.

We expect the House to name committees soon. Over the past four legislative session, the House has named committees no later than Feb. 9.

Legislators File Bills Related to Foreign Ownership of Real Estate

You may recall that last session a bill was filed related to restricting foreign ownership of real estate. TLTA shared its concerns with the legislature about that bill. The issue has resurfaced this session with three bills already having been filed that could impact our industry when closing transactions involving foreign buyers:  

SB 552
SB 147
HB 1075

As foreign ownership of U.S. real estate continues to grow as a hot button political issue, we may see additional bills filed on this subject. TLTA's advocacy team will continue to monitor and work to address each of these.

Other Bills to Watch

TLTA's legislative team reviews all bills filed during the session and monitors those that might impact our industry or the state's real estate marketplace. If these bills begin to move through the process and TLTA takes official positions on them, we’ll provide more detailed information about our stance and how they might affect you and your business. Review Current Bills to Watch List.

TLTA Board Adopts Affirmative Legislative Agenda for 88th Session

TLTA's Board of Directors met Jan. 18 to review and adopt three items on TLTA's affirmative legislative agenda for the Texas Legislature's 88th Session. The following items were approved by the board, meaning TLTA staff and other industry advocates are directed to work with lawmakers to seek passage of legislation addressing our industry's priorities and concerns as follows:

• Enhance the statute prohibiting Private Transfer Fee Covenants in Texas.
• Allow for Remote Ink Notary (RIN) within the existing statutory Remote Online Notary (RON) framework.
• Clarify that a deed conveying title into a trust (as opposed to the trustee of that trust) shall be deemed to be a conveyance into the trustee.

Please note that additional affirmative agenda items could be considered or approved during the session. Additionally, there are other bills that TLTA may support during the session via our work with allied housing trade organizations and other advocates for our state's real estate marketplace.
 
If you have questions about TLTA's affirmative agenda or other aspects of our industry's work at the Texas Legislature this session, please send your questions to TLTA Director of Government Affairs and Counsel, Aaron Day. 

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Jan. 18, 2023

The Governor and Lt. Governor were inaugurated this week. Their inauguration speeches included preview of what they expect from the Texas Legislature during the legislative session.
 
While legislative committees have not been named yet, the process of producing the state budget for the upcoming 2024-25 biennium is in motion and both chambers have filed their version of the base budget. Adopting a biennial budget is the only action the Legislature is constitutionally required to complete, therefore the process of developing the state budget impacts every policy area and every piece of legislation Capitol-wide. 

TLTA Board Adopts Affirmative Legislative Agenda for 88th Session

TLTA's Board of Directors met today, Jan. 18, to review and adopt three items on TLTA's affirmative legislative agenda for the Texas Legislature's 88th Session. The following items were approved by the board, meaning TLTA staff and other industry advocates are directed to work with lawmakers to seek passage of legislation addressing our industry's priorities and concerns as follows:

1. Enhance the statute prohibiting Private Transfer Fee Covenants in Texas.
2. Allow for Remote Ink Notary (RIN) within the existing statutory Remote Online Notary (RON) framework.
3. Clarify that a deed conveying title into a trust (as opposed to the trustee of that trust) shall be deemed to be a conveyance into the trustee.

Please note that additional affirmative agenda items could be considered or approved during the session. Additionally, there are other bills that TLTA may support during the session via our work with allied housing trade organizations and other advocates for our state's real estate marketplace.
 
If you have questions about TLTA's affirmative agenda or other aspects of our industry's work at the Texas Legislature this session, please send your questions to TLTA Director of Government Affairs and Counsel, Aaron Day. 

Bills to Watch

TLTA's legislative team reviews all bills filed during the session and monitors those that might impact our industry or the state's real estate marketplace. If these bills begin to move through the process and TLTA takes official positions on them, we’ll provide more detailed information about our stance and how they might affect you and your business. Review Current Bills to Watch List.

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Jan. 11, 2023

The Texas Legislature's 88th Session kicked off earlier this week. The opening day was marked by ceremony and honors. Speaker of the Texas House Dade Phelan was reelected, Sen. Kelly Hancock, R-North Richland Hills, was named president pro-tempore of the Senate, and new members were sworn in (click and scroll down to see new members this session). 
 
The House and Senate are adopting their rules this week, and we will start watching for committee assignments in coming weeks.  

Bills to Watch

TLTA's legislative team reviews all bills filed during the session and monitors those that might impact our industry or the state's real estate marketplace. If these bills begin to move through the process and TLTA takes official positions on them, we’ll provide more detailed information about our stance and how they might affect you and your business. Review Current Bills to Watch List.

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Jan. 4, 2023

The Texas Legislature's 88th Session commences this Tuesday, Jan. 10, and prefiling of legislation for the session continues.
 
Since our last legislative update on Dec. 14, we added new bills to our 2023 bills of interest list. In addition to pursuing passage of our industry's affirmative legislative agenda—which will be approved by TLTA's Board of Directors later this month—TLTA's legislative team reviews all bills filed during the session and monitors those that might impact our industry or the state's real estate marketplace.
 
We will maintain the bills of interest list throughout the legislative session, adding new bills of interest as they are filed. If these bills begin to move through the process and TLTA takes official positions on them, we’ll provide more detailed information about our stance and how they might affect you and your business.