What new Texas legal guidelines go in impact in 2022?

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With the brand new yr comes new legal guidelines within the state of Texas. Whereas September ushered in some main laws associated to points like abortion and weapons, January’s set of legal guidelines will affect smaller demographics.

For disabled veterans who are used to parking in handicapped spots, below SB 792, they might must take an additional step to be certified.

“If you’re anyone that has a DV plate, it signifies that if you wish to park in what we think about a handicap spot, you’ll want to use for a brand new plate going ahead,” mentioned Dr. Brian Smith, professor of political science at St. Edward’s University.

SB 911 units up considerably of a “invoice of rights” for eating places working with third celebration supply firms – as these partnerships exploded throughout the pandemic.

“So many individuals began counting on third celebration deliveries for meals that they realized that we don’t have a whole lot of regulation on this space, so it’s time to type of stage the enjoying discipline for each events,” mentioned Dr. Smith.

HB 2730 is said to eminent area and bettering the rights of landowners.

“For folks whose property is perhaps concerned in eminent area, this can be a huge deal,” mentioned Dr. Smith. “And for firms which are concerned in development on the state stage who use eminent area to get issues like railroads and bridges and highways handed, it’s an enormous deal.” 

And as new renters proceed to flood Austin residences, HB 531 ensures they know what they’re entering into. Landlords should disclose if the property is in a 100-year flood plain or has flooded within the final 5 years. Usually, renters insurance coverage doesn’t cowl flood harm.

“The established order earlier than this was, if you happen to have been renting an condo, your landlord actually didn’t need to inform you whether or not or not it was on a flood plain,” mentioned Dr. Smith. “But when I’m shopping for a home, that’s one of many very first issues they need to disclose.” 

SB 23 ensures that in bigger Texas counties – with a inhabitants of greater than one million – any effort to defund police have to be accredited by voters, not simply metropolis or county leaders.

“That is positively in response to the defund police motion that we noticed right here in Central Texas,” mentioned Dr. Smith.

See under for a full listing of legal guidelines in impact as of Jan. 1, 2022.

HB 115

Home Invoice 115 amends the Tax Code to revise the eligibility necessities for the property tax exemption for sure property that’s owned by a charitable group and used to offer housing and associated companies to sure people experiencing homelessness. Amongst different provisions, the invoice makes property situated within the Metropolis of Midland eligible for the exemption along with property situated in Travis County, removes the requirement that relevant property be situated on or encompass a single campus, and requires that the housing supplied on the property be everlasting housing.

Click here to read more.

HB 531

Home Invoice 531 amends the Property Code to require the owner of a residential rental property to offer to the tenant, at or earlier than execution of the lease, a written discover relating to whether or not the property is situated in a 100‑yr floodplain and a contingent written discover relating to whether or not the property has flooded a minimum of as soon as inside the final 5 years. The invoice gives for the termination of a lease by a tenant if the owner doesn’t present these notices as required by the invoice and the tenant suffers a considerable loss or harm to the tenant’s private property because of flooding.

Click here to read more.

HB 1197 

Home Invoice 1197 amends the Tax Code to extend the utmost interval for which sure land owned by a spiritual group for the aim of increasing a spot of spiritual worship or establishing a brand new place of spiritual worship could also be exempted from property taxation from six years to 10 years.

Click here to read more.

HB 1445

Home Invoice 1445 amends the Tax Code to exclude a medical or dental billing service carried out earlier than the unique submission of a associated insurance coverage declare from the insurance coverage companies which are topic to the gross sales and use tax.

Click here to read more.

HB 1689

Home Invoice 1689 amends the Insurance coverage Code to set out provisions regarding credit score for reinsurance ruled by sure coated agreements entered into below the federal Dodd‑Frank Wall Road Reform and Shopper Safety Act. The invoice requires credit score to be allowed when reinsurance is ceded to an assuming insurer in a reciprocal jurisdiction, as outlined by the invoice, if the assuming insurer satisfies the necessities set out by the invoice, which don’t embrace any collateral necessities. The invoice requires the commissioner of insurance coverage to develop and publish a listing of reciprocal jurisdictions and a listing of assuming insurers who fulfill the circumstances vital for credit score. The invoice authorizes the revocation or suspension of an assuming insurer’s eligibility for credit score if the commissioner finds that the assuming insurer ceases to satisfy a number of of the relevant necessities.

Click here to read more.

HB 2237

Home Invoice 2237 amends the Insurance coverage Code and Property Code to revise and replace provisions regarding mechanic’s, contractor’s, and materialman’s liens, together with provisions relating to the deadlines to file affidavits to assert a lien, the limitation interval for bringing go well with to foreclose a lien, and deadlines for notices of sure claims. Amongst different associated provisions, the invoice does the next:

  • updates the definitions of “retainage,” “subcontractor,” and “work”; provides a definition of “purported unique contractor”; expands the definitions of “enchancment,” “labor,” and “residence”; and revises relevant provisions to replicate the revised definitions;
  • clarifies that an individual has a lien if the individual gives sure labor or companies below a contract with the proprietor or the proprietor’s agent, trustee, receiver, contractor, or subcontractor;
  • establishes {that a} lien secures cost for the labor achieved or supplies furnished for design, survey, or demolition; 
  • requires an unique contractor or a claimant apart from an unique contractor claiming a lien to file an affidavit with the county clerk within the county the place the enhancements are situated and establishes the dates by which an relevant affidavit have to be filed for residential development initiatives and initiatives apart from these initiatives;
  • revises provisions requiring the retainage of sure quantities below an unique contract for the good thing about lien claimants to as an alternative require funds to be reserved for that profit;
  • modifications the date a go well with have to be dropped at foreclose a lien and gives for that interval to be prolonged;
  • modifications the date by which a claimant have to be notified of a movement to take away an invalid or unenforceable lien in an relevant listening to; and
  • revises provisions regarding a bond to pay liens or claims by doing the next: eradicating the specification that the bond protects all individuals with a declare associated to a residential development undertaking; revising discover necessities to good a declare towards such a bond; and establishing {that a} claimant that meets the discover necessities needn’t file an affidavit claiming a mechanic’s lien so as to good its declare below the bond.

Click here to read more.

HB 2535

Home Invoice 2535 amends the Tax Code to require a chief appraiser, in figuring out the market worth of actual property, to research the impact on that worth of rooster coops or rabbit pens used for the noncommercial manufacturing of meals for private consumption and to exclude from that worth the worth of the coops or pens.

Click here to read more.

HB 2730

Home Invoice 2730 amends the Property Code to revise provisions regarding eminent area. The invoice requires an preliminary bona fide provide made by an entity with eminent area authority to incorporate specified objects. The invoice units out provisions regarding required phrases for an instrument of conveyance for a pipeline proper‑of‑manner easement or an electrical transmission line proper‑of‑manner easement that’s included with an acquisition provide by a personal entity, together with provisions regarding the negotiation for and settlement to different phrases and circumstances, and the negotiation for and settlement to the modification, alteration, or omission of required phrases, by a personal entity or property proprietor and a requirement {that a} non-public entity notify the property proprietor that the property proprietor might negotiate for specified basic phrases to be included in an instrument of conveyance. The invoice revises provisions regarding the appointment of particular commissioners in an eminent area case to, amongst different issues, set an appointment deadline and supply for the appointment of alternate particular commissioners.

Home Invoice 2730 amends the Authorities Code to require the landowner’s invoice of rights assertion ready by the lawyer basic relating to eminent area to inform a property proprietor that the property proprietor has the proper to file a written criticism with the Texas Actual Property Fee (TREC) relating to alleged misconduct by a registered easement or proper‑of‑manner agent appearing on behalf of the entity exercising eminent area authority. Amongst different provisions regarding the landowner’s invoice of rights assertion, the invoice requires the assertion to incorporate an addendum of the phrases required for an instrument of conveyance, and the phrases a property proprietor might negotiate, as supplied by the invoice relating to a pipeline proper‑of‑manner easement or an electrical transmission line proper‑of‑manner easement.

Home Invoice 2730 amends The Actual Property License Act, Occupations Code, to, amongst different issues, do the next with regard to a certificates of registration for an easement or proper‑of‑manner agent:

  • require the TREC by rule to approve coursework that an applicant should efficiently full to be eligible for the issuance or renewal of a certificates;
  • authorize the TREC to problem a probationary certificates; and
  • authorize the TREC to droop or revoke a certificates if the certificates holder immediately or not directly accepts a monetary incentive to make an preliminary provide that the certificates holder is aware of or ought to know is decrease than the sufficient compensation required below the Texas Structure.

Click here to read more.

HB 3131

Home Invoice 3131 amends the Enterprise Organizations Code to require the certificates of formation of a home company, restricted partnership, restricted legal responsibility firm, skilled affiliation, cooperative, or actual property funding belief to state the entity’s preliminary mailing handle.

Click here to read more.

HB 3777

Home Invoice 3777 amends the Tax Code to determine that expenditures by a nonprofit company exempt from federal earnings tax and the state franchise tax to rehabilitate a construction that’s leased to a tax-exempt entity in a disqualified lease usually are not prices and bills eligible for a franchise tax credit score for the licensed rehabilitation of an authorized historic construction.

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HB 3788

Home Invoice 3788 amends the Tax Code to authorize an appraisal evaluate board member to finish relevant coaching and persevering with training necessities remotely by way of distance training.

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HB 3961

Home Invoice 3961 amends the Well being and Security Code to require a licensed nursing facility, a licensed assisted dwelling facility, or every other lengthy‑time period care facility offering care to residents who’re assisted by the state lengthy‑time period care ombudsman to submit on the ability’s web site details about the workplace of the ombudsman, together with the workplace’s statewide toll‑free phone quantity and data relating to its function as an advocate for residents of lengthy‑time period care services. A protracted‑time period care facility might adjust to this requirement by posting the required info on the ability’s guardian firm web site if the ability doesn’t keep a novel web site, however isn’t required to conform if the ability and any guardian firm don’t keep a web site.

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HB 3971

Home Invoice 3971 amends the Tax Code to require a chief appraiser who’s figuring out the market worth of residential actual property situated in an space that’s zoned or in any other case designated as a historic district below municipal, state, or federal regulation to contemplate the impact on the property’s worth of any restriction positioned by the district on the property proprietor’s skill to change, enhance, or restore the property.

Click here to read more.

HB 4638

Home Invoice 4638 amends the Particular District Native Legal guidelines Code to create the Leander Municipal Administration District No. 1 and the New Waverly Municipal Administration District No. 1.

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SB 23

Senate Invoice 23 amends the Native Authorities Code to require a county with a inhabitants of multiple million to carry an election to acquire voter approval earlier than implementing an relevant discount or reallocation of funding to or assets for a major regulation enforcement company, excluding a 9‑1‑1 name middle. Amongst different provisions, the invoice authorizes an individual who believes that the county during which they reside has carried out a proposed discount or reallocation with out the required voter approval to file a criticism with the legal justice division of the governor’s workplace and requires the division to offer written discover of a doubtlessly legitimate criticism to the county that’s the topic of the criticism so as to present the county the chance to appropriate the motion that’s the topic of the criticism earlier than referring the criticism to the comptroller of public accounts. The invoice requires the comptroller, on request by the division, to find out whether or not a county has carried out the proposed discount or reallocation with out the required voter approval. If the comptroller makes an affirmative willpower, the county might not undertake a property tax fee that exceeds the county’s no‑new‑income tax fee till the sooner of the date on which every discount and reallocation that was a topic of the willpower has been accredited in an election or the date the comptroller points a written willpower that the county has reversed every funding discount, adjusted for inflation, and personnel discount or has restored all reallocated funding and assets.

Click here to read more.

SB 41

Senate Invoice 41 amends the Civil Follow and Treatments Code, Code of Prison Process, Household Code, Authorities Code, Well being and Security Code, Human Assets Code, Native Authorities Code, Occupations Code, Property Code, and Transportation Code to consolidate sure civil court docket charges and supply for the allocation of the consolidated charges to specified accounts and funds. The invoice, amongst different provisions, additionally standardizes procedures for the gathering of charges payable to a neighborhood authorities in civil instances, revises necessities regarding the appellate judicial system funds, and makes modifications, together with elevated and new charges, to the statutory price schedules for district courts and county courts.

Click here to read more.

SB 43

Senate Invoice 43 amends the Finance Code to determine laws for the financing of residential actual property purchases by way of a wrap mortgage mortgage. Accordingly, an individual originating or making a wrap mortgage mortgage, except in any other case exempt from licensing or registration, have to be licensed or registered to originate or make residential mortgage loans below the Residential Mortgage Mortgage Firm Licensing and Registration Act, the Mortgage Banker Registration and Residential Mortgage Mortgage Originator License Act, or state regulation regulating client loans. The invoice, with respect to its wrap mortgage mortgage provisions, units out provisions relating to the next issues:

  • transaction necessities and associated treatments;
  • duties owed to a wrap borrower;
  • a wrap borrower’s rights as these rights are relevant to residential actual property used because the borrower’s residence;
  • enforcement of sure registration necessities relevant to a wrap lender required to register as a residential mortgage mortgage servicer below the Residential Mortgage Mortgage Servicer Registration Act; and
  • enforcement of the invoice’s provisions relating to wrap mortgage mortgage financing by way of a stop and desist order issued by the financial savings and mortgage lending commissioner.

Senate Invoice 43 additionally revises the eligibility for sure exemptions from licensing or registration below the Residential Mortgage Mortgage Firm Licensing and Registration Act, the Mortgage Banker Registration and Residential Mortgage Mortgage Originator License Act, and the Texas Safe and Truthful Enforcement for Mortgage Licensing Act of 2009 which are based mostly on the variety of residential mortgage loans made by, as relevant, an proprietor of residential actual property or an proprietor of a dwelling to purchasers of the property throughout a 12‑consecutive‑month interval. The invoice establishes that, in figuring out eligibility for the revised exemptions, two or extra house owners of residential actual property are thought-about a single proprietor for the aim of computing the variety of mortgage loans made inside the specified interval if any of the house owners are an entity or an affiliate of an entity, together with a basic partnership, restricted partnership, restricted legal responsibility firm, or company, as outlined by the Enterprise Organizations Code.

Click here to read more.

SB 792

Senate Invoice 792 amends the Transportation Code to authorize sure veterans who’re entitled to disabled veteran specialty license plates and eligible for specialty license plates issued for individuals with disabilities to elect to obtain disabled veteran license plates that embrace the worldwide image of entry. Amongst different provisions, the invoice restricts sure parking privileges granted to recipients of disabled veteran license plates, together with the power to obtain disabled parking placards and park for a limiteless interval in a parking house or space that’s designated particularly for individuals with bodily disabilities, to those that obtain disabled veteran license plates that embrace the worldwide image of entry. Aside from provisions requiring the Texas Division of Motor Autos to undertake guidelines for issuing the plates that embrace the worldwide image of entry, the invoice takes impact January 1, 2022.

Click here to read more.

SB 794

Senate Invoice 794 amends the Tax Code to make clear that the people entitled to the property tax exemption for completely disabled veterans are the disabled veterans who’ve been awarded one hundred pc incapacity compensation attributable to a service‑linked incapacity and a score of one hundred pc disabled or of particular person unemployability, no matter whether or not a veteran is definitely receiving such compensation.

Click here to read more.

SB 855

Senate Invoice 855 amends the Enterprise & Commerce Code to require an proprietor or operator of a web site or on-line service that offers in substantial half within the digital dissemination of third‑celebration business recordings or audiovisual works and electronically disseminates these recordings or works to Texas shoppers to reveal on the web site or on-line service the proprietor or operator’s true and proper title and speak to info. The invoice authorizes an proprietor, assignee, licensed agent, or unique licensee of a recording or work that’s electronically disseminated in violation of the invoice’s provisions to deliver a personal reason behind motion to acquire a declaratory judgment and everlasting or non permanent injunctive aid, however solely after giving the violator discover and a chance to treatment the violation. The invoice classifies a violation of the invoice’s provisions as a false, deceptive, or misleading act or follow.

Click here to read more.

SB 911

Senate Invoice 911 amends the Alcoholic Beverage Code, Enterprise & Commerce Code, and Native Authorities Code to manage third-party meals supply companies. The invoice, amongst different provisions, makes a restaurant that holds sure alcoholic beverage permits or licenses eligible for a meals and beverage certificates. The invoice requires such a supply service to offer a mechanism for client issues and complaints and authorizes a restaurant to deliver an motion towards a supply service below sure circumstances. The invoice prohibits a municipality or county from adopting or implementing an ordinance or regulation to the extent that the ordinance or regulation impacts the required phrases of an settlement between a supply service and a restaurant.

Click here to read more.

SB 1280

Senate Invoice 1280 amends The Securities Act, Authorities Code, to take away the next from the listing of provisions a violation of which makes an individual providing or promoting a safety liable to an individual shopping for the safety:

  • provisions establishing necessities for the content material of an utility for a allow to qualify securities on the market;
  • provisions governing the registration of a safety by notification or by coordination; and
  • provisions regarding the principles for an exemption from registration necessities.

Click here to read more.

SB 1449

Senate Invoice 1449 amends the Tax Code to extend the taxable worth threshold under which earnings‑producing tangible private property held is entitled to a property tax exemption from $500 to $2,500.

Click here to read more.

SB 1524

Senate Invoice 1524 amends the Tax Code to determine a gross sales and use tax refund pilot program for sure individuals who make use of a minimum of one apprentice in a professional apprenticeship for a minimum of seven months throughout the calendar yr.

Click here to read more.

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