Texas 2023 - 88th Regular

Texas House Bill HB3422

Filed
3/3/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the correction or removal of certain obsolete provisions of the Property Code.

Impact

The impact of HB3422 on state laws primarily involves the modernization and elimination of obsolete language within the Property Code. By repealing sections that are no longer applicable, the bill helps to reduce confusion and improve legal comprehension for practitioners in real estate and construction. It enhances the efficiency of legal processes related to property transactions and disputes, ensuring that stakeholders interact with an up-to-date legal framework. As the bill aims to remove references to outdated statutes, it aligns the property laws with contemporary standards and practices.

Summary

House Bill 3422 aims to correct and remove obsolete provisions related to the Property Code in Texas. The bill addresses outdated references in the current statutes, including specific sections and terms that have become irrelevant over time, such as mentions of the Residential Construction Commission, which was abolished in 2009. By updating these references, the bill seeks to streamline the Property Code and enhance clarity for all stakeholders involved in real estate transactions and construction in the state. The updating of legal language is part of an overall effort to ensure that the legal framework governing property and construction is accurate and reflects current practices and entities.

Sentiment

Overall sentiment regarding HB3422 appears to be favorable within legislative circles. Advocates of the bill, including representatives from the Texas Real Estate and Probate Institute, assert that its passage will eliminate confusion created by antiquated language. Stakeholders have perceived the update as a necessary action to maintain the relevance and functionality of Texas's property laws. While most feedback has been positive and focused on the need for clarity and modernization, there has been a general consensus that there may be minimal contention, primarily as the bill is characterized as non-substantive and procedural in nature.

Contention

Given that HB3422 is categorized as a non-substantive bill, notable points of contention are limited. The primary concerns raised during discussions pertain to the implications of eliminating outdated references and whether any critical guidance may be lost along with the removal of older statutes. However, since the focus of the bill is on correction rather than introducing new substantive changes, most stakeholders agree that these updates will not adversely affect current legal protections or obligations within the Property Code.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 27. Residential Construction Liability
    • Section: New Section
    • Section: 004
    • Section: 007
    • Section: New Section
    • Section: 004
    • Section: 0042
  • Chapter 204. Powers Of Property Owners' Association Relating To Restrictive Covenants In Certain Subdivisions
    • Section: New Section
    • Section: New Section
  • Chapter 53. Mechanic's, Contractor's, Or Materialman's Lien
    • Section: New Section

Human Resources Code

  • Chapter 123. Community Homes For Persons With Disabilities
    • Section: New Section
    • Section: New Section

Business Organizations Code

  • Chapter 1. Definitions And Other General Provisions
    • Section: New Section

Companion Bills

TX SB1768

Identical Relating to the correction or removal of certain obsolete provisions of the Property Code.

Previously Filed As

TX HB3503

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX SB1938

Relating to the representation of parties in justice court cases and to the correction or removal of certain obsolete provisions of the Property Code.

TX SB1768

Relating to the correction or removal of certain obsolete provisions of the Property Code.

Similar Bills

TX HB3503

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX SB1768

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX SB1938

Relating to the representation of parties in justice court cases and to the correction or removal of certain obsolete provisions of the Property Code.

TX SB873

Relating to residential construction liability.

TX HB2022

Relating to residential construction liability.

TX HB3595

Relating to residential construction liability.

HI SB331

Relating To The Contractor Repair Act.

TX HB2237

Relating to mechanic's, contractor's, or materialman's liens.