Texas 2023 - 88th Regular

Texas Senate Bill SB1768

Filed
3/7/23  
Out of Senate Committee
4/6/23  
Voted on by Senate
4/20/23  
Out of House Committee
5/3/23  
Voted on by House
5/16/23  
Governor Action
5/29/23  

Caption

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aims to correct and remove obsolete provisions from the Texas Property Code, primarily targeting references that are outdated or no longer applicable.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 Although the bill simplifies the code by removing outdated references, some stakeholders may have concerns about the transitional process and the application of new interpretations of the law post-amendment.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
    • Section: New Section

Companion Bills

TX HB3422

Identical Relating to the correction or removal of certain obsolete provisions of the Property Code.

Similar Bills

TX HB3503

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX HB3422

Relating to the correction or removal of certain obsolete provisions of the Property Code.

TX SB1938

Relating to the representation of parties in justice court cases and to the correction or removal of certain obsolete provisions of the Property Code.

CA SB1326

Construction contracts: indemnity.

TX HB2237

Relating to mechanic's, contractor's, or materialman's liens.

TX HB2022

Relating to residential construction liability.

TX SB873

Relating to residential construction liability.