Texas 2009 - 81st Regular

Texas Senate Bill SB1937

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibiting a fee for the conveyance of residential real property, maintaining exemptions.

Impact

The new law would amend Section 5.017 of the Texas Property Code, effectively barring certain types of financial obligations that could be attached to real estate transfers. This change is anticipated to simplify the process of transferring residential property, making it more straightforward for homeowners and potential buyers. By eliminating obligatory fees associated with property transfers, the bill seeks to enhance transparency and affordability in the housing market.

Summary

SB1937 aims to prohibit any fees associated with the conveyance of residential real property that could be imposed through deed restrictions or covenants. This legislation is focused on protecting property buyers and owners from additional financial burdens during property transactions. If enacted, any deed restriction that mandates a buyer or their heirs to pay a fee to a declarant or any person as a condition of transferring residential properties would be declared void and unenforceable.

Contention

While the bill appears beneficial for consumers by eliminating unwarranted fees, it may raise concerns among developers and owners of properties with existing deed restrictions that rely on these fees to support maintenance and community services. Discussions around this legislation could reflect a broader debate on the balance between homeowner rights and the financial needs of property management entities. Stakeholders may also express differing views on the potential impact on property values and neighborhood associations.

Companion Bills

TX HB4219

Similar Relating to the prohibition of a fee associated with the transfer of real property.

Previously Filed As

TX HB178

Relating to verification of identity and employment authorization in connection with certain contracts for or concerning the conveyance of residential real property and residential leases.

TX HB2376

Relating to a conveyance of real property subject to an unexpired residential lease.

TX HB697

Relating to seller's disclosures regarding fuel gas piping in residential real property.

TX SB864

Relating to certain seller's disclosures for the sale of residential real property.

TX HB1492

Relating to the conveyance of property by a municipality for the public purpose of economic development.

TX SB543

Relating to the conveyance of property by a municipality for the public purpose of economic development.

TX HB2665

Relating to an interim study of the municipal regulation of short-term rental properties and residential amenity rental properties.

TX HB1256

Relating to seller's disclosure notice concerning special districts in which residential real property is located.

TX HB207

Relating to the exclusion of certain conveyances from classification as sham or pretended sales.

TX HB1566

Relating to the ad valorem taxation of residential real property.

Similar Bills

No similar bills found.