Texas 2023 - 88th Regular

Texas House Bill HB1363

Filed
1/17/23  
Out of House Committee
3/23/23  
Voted on by House
4/6/23  
Out of Senate Committee
5/19/23  
Voted on by Senate
5/24/23  
Governor Action
6/12/23  

Caption

Relating to the repeal of the real estate inspection recovery fund.

Impact

The repeal of the real estate inspection recovery fund is expected to streamline the regulatory landscape for real estate inspectors in Texas. By removing a seldom-used fund, the state will consolidate resources and potentially redirect funds previously designated for the recovery fund into general revenue. The bill ensures ongoing licensing eligibility and operations for inspectors through other established mechanisms, shifting liability protection demands to insurance providers rather than state funds. This pragmatic shift reflects a trend towards reduced reliance on government support in regulatory matters.

Summary

House Bill 1363 seeks to repeal the real estate inspection recovery fund which has seen minimal usage over the past decade. Specifically, the bill aims to dissolve a fund that had been invoked only four times in ten years since the establishment of a requirement for licensed inspectors to carry liability insurance instead. Chairman Kempel introduced the bill emphasizing its purpose in 'shrinking government' and promoting efficiency within the state's regulatory framework. The legislation has garnered broad support with a unanimous vote in favor during passage stages.

Sentiment

Overall, the sentiment around HB 1363 is positive, primarily emphasizing a reduction in unnecessary governmental frameworks. The strong bipartisan support indicates a consensus on the belief that the repeal will lead to more efficient governance. However, some caution remains regarding the transition of financial responsibilities from the state to individual practitioners, which could affect those without ready access to liability insurance.

Contention

While there is general agreement on the merits of repealing the fund, concerns were expressed about the potential implications for consumer protection. Critics of funds like this often posit that such measures are essential for safeguarding homeowners against malpractices by inspectors. However, proponents firmly argued that liability insurance compensates adequately for any oversight, and the fund's historical underutilization supports this position. The dialogue surrounding HB 1363 highlights ongoing discussions about the balance of regulation, insurance adequacy, and public safety.

Texas Constitutional Statutes Affected

Occupations Code

  • Chapter 1. General Provisions
    • Section: New Section
  • Chapter 1101. Real Estate Brokers And Sales Agents
    • Section: 603
    • Section: 603
    • Section: 603
    • Section: 603
  • Chapter 1102. Real Estate Inspectors
    • Section: 114
    • Section: 402
    • Section: 403
    • Section: 114
    • Section: 402
    • Section: 403
    • Section: 114
    • Section: 402
    • Section: 403
    • Section: New Section
    • Section: 114
    • Section: 402
    • Section: 403

Companion Bills

No companion bills found.

Previously Filed As

TX HB2376

Relating to the repeal of the real estate inspection recovery fund.

TX SB2425

Relating to the repeal of the real estate inspection recovery fund.

Similar Bills

HI HB881

Relating To Public Utilities.

VA SB838

Recovery residences; certification required penalty, report.

CA AB1284

Emergency services: catastrophic plans: recovery frameworks.

SC S0157

Storm Damage Recovery

SC H3756

Storm Damage Recovery

TX HB544

Relating to creating a voluntary certification for recovery housing.

TX HB292

Relating to creating a voluntary certification for recovery housing.

HI HB982

Relating To Wildfires.