March 26, 2026
In This Issue:
- Texas AG Proposes New Reporting Rule re: SB 17 Foreign Ownership Bill Passed During 89th Legislative Session
- FinCEN Issues Guidance Following U.S. District Court Order Setting Aside Residential Real Estate Reporting Rule
- Texas House Issues Interim Charges, Additional Senate Charges Announced
- TDI News
- Housing Affordability News: Fannie Mae, Freddie Mac announce revisions to condo insurance standards
Texas AG Proposes New Reporting Rule re: SB 17 Foreign Ownership Bill That Passed During 89th Legislative Session
TLTA | March 27, 2026
During the 89th Legislative Session in 2025, Texas lawmakers passed
Senate Bill 17, which prohibits people, companies and government-linked entities from China, Iran, North Korea and Russia from acquiring most types of real estate in Texas. The new law went into effect Sept. 1, 2025. In today's Texas Register, the Texas Attorney General's office posted a proposed rule related to continued implementation of that foreign ownership law. The proposal includes new reporting requirements for a new defined set of entities (“Facilitating Entity”) which includes title companies and asserts that such entities will have some liability if the entity “knows or should have known” that a given purchaser purchased the property in violation of the statute.
Review the AG's proposed rule »
Your TLTA Advocacy Team is reviewing the proposed rule and will formulate comments to be submitted to the Texas AG's office.
Background on SB 17
The passage of SB 17 was the result of a multi-session conversation among lawmakers on how to address the politically volatile topic of foreign ownership of U.S. land.
TLTA's Advocacy Team successfully worked with legislators to include in the new law these title industry protections:
- No policing by title agents
- Notice in Real Property Records
- “Savings Clause” to preserve title
Questions or Comments? We'll continue to keep you updated on developments
TLTA will continue to keep you informed of any developments related to this proposal. If you have questions or comments, please contact Aaron Day at
[email protected] or 512.472.6593.
FinCEN Issues Guidance Following U.S. District Court Order Setting Aside Residential Real Estate Reporting Rule
TLTA | March 21, 2026
FinCEN has
acknowledged the federal court decision described below, and is not requiring compliance with residential real estate reporting obligations at this time. However, the guidance does not speak to what could happen in the future, including appeal of the decision or new administrative action. This guidance leaves open the possibility that reporting requirements could be altered or renewed.
How We Got Here
On Thursday, March 19, the U.S. District Court for the Eastern District of Texas, Tyler Division, issued an opinion in Flowers Title Companies v. Bessent ordering “vacatur and remand” of the Residential Real Estate Reporting Rule (RRE) adopted by FinCEN and effective March 1, 2026.
Read the Court's Final Judgement »
Read the Court's Opinion and Order »
The Court used statutory construction principles to determine that FinCEN failed “to explain or show how non-financed residential real estate transactions are categorically “suspicious.” Moreover 31 USC 5318(a)(2) allows only the authority to require procedures to comply to be maintained “and not the authority to require the reports covered by the Rule.” In connection with the remand, FinCEN must limit the reporting to “any suspicious transaction.”
More information on the development of this FinCEN rule »
More information on legal challenges to the rule »
Questions? We'll continue to keep you updated on developments
TLTA will continue to keep you informed of any developments related to this ruling. If you have questions, please don’t hesitate to reach out to Aaron Day at
[email protected] or 512.472.6593.
Texas House Issues Interim Charges, Additional Senate Charges Announced
TLTA | March 26, 2026
Texas House Interim Charges
The Texas House published their
interim charges this week. House committees will now work to answer questions and study issues identified in the charges over the next 9 months before the 90th Session commences in January 2027. House committees will produce reports based on their study of these charges, including recommendations on policy changes. Recommendations made by committees during the interim process often become legislation filed during the session.
Review the House's interim charges »
Additional Senate Charges Announced
Lt. Gov. Patrick issued a second round of interim charges for the Texas Senate. Committee recommendations produced in response to these interim charges could spur legislation during upcoming 90th Session.
Read the Lt. Gov's press release »
Review Senate interim charges issued today »
Read the Lt. Gov.'s press release for the charges issued in January »
Review Senate interim charges issued in January »
What's Next?
Your TLTA Advocacy Team are studying these charges and have continued dialogue with legislators and leadership to ensure we're providing the information they need as they consider issues that could impact our real estate marketplace. While the following is not an exhaustive list of the issues covered by the charges, these are some of the subjects lawmakers will be considering during interim hearings in the coming months:
- Countering foreign financial influence
- Housing affordability
TDI News
TLTA | March 26, 2026
TDI Announces New Deputy Commissioner of Consumer Protection Division
The Texas Department of Insurance (TDI) announces Matthew Tapp as deputy commissioner of its Consumer Protection Division.
Tapp will oversee the division, which helps Texans resolve insurance questions and complaints and protects consumers by overseeing agent and adjuster licensing. The Consumer Protection Division also administers TDI’s disaster response program and Texas Windstorm Insurance Association ombudsman program.
For the past four years, Tapp served as TDI’s associate commissioner of Consumer Protection.
Read More »
TDI Posted New Job Openings for Attorneys
Review TDI's new job postings »
Fannie Mae, Freddie Mac announce revisions to condo insurance standards
HousingWire | March 26, 2026
Fannie Mae and Freddie Mac on Wednesday announced updates to condominium project standards and property insurance requirements for one- to four-unit properties and project developments, with a stated goal of reducing costs for homeowners.
Read more »