Texas House Bill HB3857

Texas 2009 - 81st Regular

• Out of House Committee: 5/4/09
• Voted on by House: 5/14/09
• Out of Senate Committee: 5/23/09
• Voted on by Senate: 5/27/09
• Governor Action: 6/19/09
• Enrolled: 5/29/09
• Passed: 6/19/09

Caption

Relating to foreclosure of liens on real property and certain personal property owned by members or dependents of the military; providing a criminal penalty.

Impact

The impact of HB 3857 is centered on protecting military servicemembers from losing their property during times of active duty service. It establishes a legal framework wherein courts can grant a stay on foreclosure proceedings if a servicemember is unable to fulfill contractual obligations due to their military service. Furthermore, it imposes criminal penalties for unauthorized foreclosure actions taken against the properties of military personnel. By providing these protections, the bill acknowledges the sacrifices made by military members and addresses potential injustices they face in financial matters.

Summary

House Bill 3857 seeks to provide significant protections for military servicemembers regarding the foreclosure of liens on their real or personal property. The bill amends Chapter 51 of the Texas Property Code, specifically introducing a new section focused on ensuring that properties owned by military personnel cannot be subject to foreclosure while they are on active duty. The aim is to alleviate the pressure on military members who may face difficulties in maintaining their financial obligations due to their service commitments. This legislative move signifies a step towards addressing the unique challenges faced by members of the armed forces.

Contention

While the bill is largely seen as beneficial for military families, it may raise concerns among lenders and financial institutions about their ability to recover debts secured by properties owned by active duty members. Discussions might take place regarding the balance between protecting servicemembers' rights and ensuring that lenders can effectively manage their risks associated with property loans. Additionally, there could be debates about the implications of the bill on the housing market and on how it could affect the broader financial landscape in Texas.