Relating to the correction or removal of certain obsolete provisions of the Property Code.
Impact
The impact of SB1768 is expected to streamline property regulations by removing references and provisions that can lead to misinterpretation or misapplication of the law. With a clearer Property Code, stakeholders such as homeowners, builders, and real estate professionals can operate with enhanced certainty regarding their rights and obligations. The cleanup of the code serves to enhance the legal framework surrounding property transactions and construction activities, ultimately benefiting individuals and businesses involved in real estate.
Summary
Senate Bill 1768 aims to correct and remove obsolete provisions from the Texas Property Code, primarily targeting references that are outdated or no longer applicable. The bill specifically amends 13 sections, eliminating references to the now-defunct Residential Construction Commission and updating certain terms to align with current statutes. By doing so, SB1768 seeks to ensure the Property Code remains relevant and functional in the modern context, promoting clarity and reducing confusion within real estate law in Texas.
Sentiment
The sentiment surrounding SB1768 is predominantly positive, as it was met with unanimous support during legislative discussions and votes. Many legislators view the bill as a necessary update to the Property Code that contributes to more effective governance. The lack of opposition throughout the legislative process reflects a shared understanding of the importance of maintaining an up-to-date legal framework, which can foster a more predictable environment for property-related activities.
Contention
Notable points of contention associated with SB1768 revolved around its implications for stakeholders who may have been affected by the previously existing provisions. However, no significant opposition was noted, suggesting that the updates are generally seen as favorable or necessary. Although the bill simplifies the code by removing outdated references, some stakeholders may have concerns about the transitional process and the application of new interpretations of the law post-amendment.
Texas Constitutional Statutes Affected
Property Code
Chapter 74. Report, Delivery, And Claims Process
Section: 3013
Section: 3013
Chapter 112. Creation, Validity, Modification, And Termination Of Trusts
Section: New Section
Section: New Section
Chapter 204. Powers Of Property Owners' Association Relating To Restrictive Covenants In Certain Subdivisions
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 27. Residential Construction Liability
Section: New Section
Section: 004
Section: 0042
Section: New Section
Section: 004
Section: 0042
Chapter 53. Mechanic's, Contractor's, Or Materialman's Lien
Section: New Section
Section: New Section
Agriculture Code
Chapter 51. Farmers' Cooperative Societies
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 52. Cooperative Marketing Associations
Section: New Section
Section: New Section
Section: New Section
Business Organizations Code
Chapter 1. Definitions And Other General Provisions
Section: New Section
Utilities Code
Chapter 161. Electric Cooperative Corporations
Section: New Section
Human Resources Code
Chapter 123. Community Homes For Persons With Disabilities
Relating to the licensing and regulation of residential construction contractors and the abolition of the Texas Residential Construction Commission; providing a criminal penalty.