Texas 2023 - 88th Regular

Texas Senate Bill SB1578

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

Caption

Relating to private transfer fee obligations.

Impact

The legislation is anticipated to have a significant impact on property law within the state. It seeks to eliminate ambiguous language that may have allowed for potential exploitation by payees of private transfer fees. The amendments will require payees to provide clear descriptions and notify property owners, which could lead to decreased disputes related to private transfer fees. There is also a provision for property owners to request confirmation of the current status of transfer fee obligations, providing them with more control and knowledge over their property transactions.

Summary

SB1578 addresses the regulations surrounding private transfer fee obligations in Texas. The bill proposes amendments to the Property Code, enhancing the transparency and accountability of private transfer fees involved in property transactions. This includes the clarification of terms like 'payee of record' and sets forth requirements for notices related to these fees. By establishing more rigorous criteria for the legal description of properties and notification obligations for payees, the bill aims to better protect property owners and ensure informed decision-making during real estate transactions.

Sentiment

Overall, sentiment around SB1578 appears to lean positively among advocacy groups focused on consumer protection, as they believe that the bill enhances clarity and fairness in property transactions. However, there may be opposing viewpoints from stakeholders who argue that the bill could create additional bureaucratic hurdles for transactions. The balance between consumer protection and maintaining an efficient real estate market will likely fuel continued discussion among legislators and industry professionals.

Contention

Notable contention surrounding SB1578 revolves around the balance of interests between property owners and the entities collecting transfer fees. Critics may argue that stricter requirements could stifle legitimate business practices, while proponents assert that these regulations are essential for preventing deception and protecting homeowners. The stipulations regarding how payees file notices and maintain auditable records are particularly contentious, as they could lead to legal disputes over compliance and effectiveness. The bill will fundamentally reshape how private transfer fees are managed, highlighting the need for comprehensive understanding and adherence to the new regulations.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 5. Conveyances
    • Section: 201
    • Section: 203
    • Section: New Section

Companion Bills

TX HB2447

Identical Relating to private transfer fee obligations.

Similar Bills

CA AB1716

Estate disposition.

TX HB1833

Relating to the authority to transfer real property in the name of an entity.

LA SB100

Provides liability protection for federally insured depository institutions and mutual associations that transfer money or property by relying on small succession affidavits. (gov sig)

TX HB2447

Relating to private transfer fee obligations.

IN HB1034

Insurance and transfer on death deeds.

NJ A1233

Requires limited liability company to disclose ownership information when submitting deed for recording.

TX SB977

Relating to the authority to transfer real property in the name of an entity.

MI HB4014

Property tax: assessments; transfer of ownership of certain real property to certain individuals; exempt from uncapping of taxable value upon transfer. Amends sec. 27a of 1893 PA 206 (MCL 211.27a).