TLDA/SFC/TX100   2019 Legislative Agenda

Working Document

 

  • Savings and mortgage sunset
    • Maintaining SML as standalone agency rather than Sunset recommendation to roll into Banking Commission
    • Key Players: Kelly Hancock; Robert Nichols, Dawn Buckingham, Kirk Watson; Chris Paddie, Dan Flynn, Senfronia Thompson
    • Interested Parties: Working in concert with the financial community, including Texas Association of Bankers, Independent Bankers, Mortgage Bankers, etc.
    • Insights: Failsafe is that the bill must go through Senate Committee on Business & Commerce (Hancock chairs committee)
    • Key Dates: Next Sunset meeting is August 29-30; recommendation of committee will be made at this time.

 

  • Note Servicing
    • Fight legislation to continue adding requirements to the mortgage servicing industry, further impeding sellers from implementing remedies to hold buyers accountable.
    • Key Players: Ana Hernandez (Chair – Urban Affairs Committee – tend to sympathize with these bills); Coleman (County Affairs Committee chair)
    • Interested Parties: housing advocates are opposition
    • Any bill will go through Kelly Hancock’s committee (Business & Commerce) in Senate, and Tan Parker in House (Investments & Financial Services)

 

  • Wrap Mortgages
    • This will be an ongoing issue to fight overreaching regulation and negotiate mutually acceptable legal requirements regarding wrap mortgages.
    • Key Players: Kelly Hancock (committee chair); Judith Zaffirini (filed bill last session); Tan Parker (Investments & Financial Services); Dan Flynn (Sunset Committee, fmr dpy finance cmsr)
    • Interested Parties: Democrats in general are opposed to wrap mortgages. Three Democrats in the Senate filed the bill last session to do away with them.  Housing advocates continue to support Democratic efforts.
    • Senator Zaffirini will continue to press this issue until she passes a law

 

  • Loan Originating
    • Create legislation giving authority to commissioner to change audit requirements to match federal laws
    • Key Players: Caroline Jones; Kelly Hancock
    • Interested Parties: Texas Bankers Association, Independent Bankers Association, Mortgage Bankers Association
    • The change in rough proportionality to include all political subdivisions has received broad support from real estate industry not associated with home builders or TLDA

 

  • Common platting requirement for entire state, as newly defined by City of Laredo v. Laredo Merchants Association
    • Replacing AB&C counties with one uniform requirement
    • Key players: Garnet Coleman & Charles Perry – potential authors
    • Interested Parties (for/against): Texas Association of Builders; Texas Apartment Association; Council of Urban Counties; Texas Association of Counties; Texas Association of County Judges & Commissioners; other consumer groups
    • Insights: Bill will likely be referred to House Committee on County Affairs, and Senate Committee on Agriculture, Water & Rural Affairs

 

  • Rough proportionality statute applied to counties and all other political subdivisions
    • Changing current statute requiring “loser pays” in cases relating to rough proportionality. Currently only applies to municipalities.  Change would apply to all political subdivisions
    • Key players: Ryan Guillen & Lois Kolkhorst – potential authors
      • Will determine authors after committee assignments
    • Interested Parties: all political subdivisions across state; Texas Municipal League; Texas Association of Counties; Council of Urban Counties
    • Insights: Bill will probably be referred to House Committee on Special Purpose Districts, and Senate Committee on Intergovernmental Relations;  would like to refer to Senate Committee on Agriculture, Water & Rural Affairs (Kolkhorst on committee; long shot – talk to LTG)

 

  • Recovery of attorney’s fees and expenses
    • Need more information from Leonard Smith; SB 635 by Huffines in 2017, awarding court costs and attorney’s fees to be paid by a political subdivision to the prevailing party in certain actions involving the political subdivision.
    • Someone else will take lead but we should support

 

NOTE:  Until House Committees are assigned and chairs are appointed, we cannot fully know who our targeted key players are.