Texas 2017 - 85th Regular

Texas House Bill HB1386

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

Caption

Relating to the use of earnest money contracts and other offers for the sale of land before a subdivision plat is filed in certain border counties.

Impact

The impact of HB 1386 focuses on streamlining the land sales process, particularly in border counties where development might be affected by slower regulatory timelines. By allowing earnest money contracts under specified conditions, the bill aims to encourage real estate development and investment in these regions. Notably, it caps the earnest money that sellers can collect at $250, providing a protective measure for buyers that limits upfront financial commitments prior to final plat approval.

Summary

House Bill 1386 relates to the utilization of earnest money contracts and other offers for land sales prior to the filing of a subdivision plat in designated border counties of Texas. The bill permits sellers, specifically those who are licensed residential mortgage loan originators, to enter into earnest money contracts with potential buyers even before a plat is recorded. This provision is significant as it provides a framework for initiating real estate transactions without the immediate need for recorded subdivision plats, potentially facilitating faster business operations in these border areas.

Contention

However, this bill may raise concerns regarding consumer protections. The provision that allows earnest money contracts to become void if the plat is not approved within 91 days could lead to complications. Should a seller fail to refund the earnest money appropriately, the bill stipulates that potential purchasers may claim up to three times the amount for damages, which could result in legal disputes. Advocates of the bill may argue that such provisions balance the need for expedited land sales with adequate buyer protections, whereas critics might express apprehension regarding the potential for misuse or lack of sufficient safeguards against errant sellers.

Companion Bills

TX SB2160

Similar Relating to the use of earnest money contracts and other offers for the sale of land before a subdivision plat is approved in certain border counties.

Previously Filed As

TX HB59

Relating to verification of citizenship or legal residency for purposes of certain contracts for or concerning the purchase of residential real property located in platted subdivisions; creating a criminal offense.

TX HB3697

Relating to county regulation of subdivisions and approval of subdivision plans or plats.

TX HB3699

Relating to municipal regulation of subdivisions and approval of subdivision plans or plats.

TX HB5222

Relating to consent to the creation of certain political subdivisions.

TX SB2349

Relating to consent to the creation of certain political subdivisions.

TX HB1916

Relating to approval of subdivision plats, improvement projects, and certain special districts by certain counties.

TX HB3002

Relating to the authority of certain political subdivisions to issue certificates of obligation.

TX HB4559

Relating to the application of statutes that classify political subdivisions according to population.

TX SB2037

Relating to the regulation of platting and subdivisions of land by a municipality or county.

TX SB851

Relating to subdivision plat requirements for certain counties located near the international border.

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