SUMMONS NEWSLETTER NOVEMBER EDITION

THE SUMMONS NEWSLETTER

ON THE COVER THE PICTURE BEAUTIFULLY CAPTURES THE PURE JOY AND MAGIC OF THIS SIGNIFICANT MOMENT. WE ARE DELIGHTED TO ANNOUNCE A MOMENTOUS PARTNERSHIP FOR THIS YEAR'S BLACK ROBE EVENT AND EXTEND OUR SINCERE GRATITUDE TO RIO BANK FOR GENEROUSLY HOSTING THIS OCCASION. WE ARE PRIVILEGED TO SHARE THIS SPECIAL MOMENT WITH OUR ESTEEMED BOARD MEMBERS AND THOSE FROM THE CHILD BEREAVEMENT CENTER.

UPCOMING EVENTS COAT DRIVE FROM NOVEMBER 16TH TO DECEMBER 8TH DECEMBER 6TH - CHILD WELFARE CLE PRESENTED BY JUSTICE GINA BENAVIDES DECEMBER 7TH - ESTATE PLANNING CLE PRESENTED BY GREGORY TURLEY DECEMBER 11TH - CIVIL TRIAL CLE PRESENTED BY JAIME GONZALEZ DECEMBER 13TH - HIDALGO COUNTY YOUNG LAWYERS ASSOCIATION TOY DRIVE DECEMBER 14TH - BLACK ROBE

EMAIL AT MARKETING@HIDALGOBAR.ORG FOR MORE INFORMATION, CONTACT AT (956) -380-1691

BOARD OF DIRECTORS 2023-2024

President Salazar, Kelly R. Linebarger Goggan Blair & Sampson. LLP

President- Elect Richardson, Regina 'Regi' Law Office of Regina "Regi" Richardson

Secretary Benavides, Alexandro "Alex" Hidalgo County District Attorney's Office

Past- President Espinosa, Pete Espinosa Law Firm

Treasurer Falcon, Sandra Lewis Pena Falcon & Cook

Director Falcon, Henry III Loncar Lyon Jenkins

Director Benavides, Clarissa Toyota Financial Services

Director Garcia, Eloy Jr. Law Office of Eloy R. Garcia Jr.

BOARD OF DIRECTORS 2023-2024

Director Tijerina, Guillermo Jr. Tijerina & Denzer

Director Elizondo, Lydia Mount Law, PLLC

Director Ozuna, Jose Hidalgo County Public Defender's Office

Director Torres, Hector Colvin, Saenz, Rodriguez & Kennamer, LLP

Director Koeneke, Daniel Ellis, Koeneke & Ramirez, LLP

Director Ramirez, Judge Mario Hidalgo County 332nd District Court

Director Sepulveda, Lauren City of McAllen Municipal Court

Director Zuniga, Rick A. Atlas, Hall & Rodriguez, LLP

MEET THE STAFF Abraham J. Garcia Executive Director Abraham Garcia holds the esteemed position of Executive Director at the Hidalgo County Bar Association, a role he has dutifully fulfilled since 2020.

Mr. Garcia's tenure with the organization spans several years, and he has been a committed member since 2017. He has always been a staunch advocate of the HCBA's values and mission, and his work has always reflected his dedication to these ideals.

Apart from his professional pursuits, Mr. Garcia is an avid lover of the outdoors. He finds solace in hiking and traveling and cherishes spending quality time with his dogs and fiancé. Although he has a natural inclination towards altruism, Mr. Garcia admits that his work at the HCBA is also selfserving to an extent. He finds immense fulfillment in his role and takes pride in his contributions to the organization. Mr. Garcia has played a pivotal role in the HCBA's youth-focused initiatives. The Heart Gallery is one such program that he has been instrumental in, which aims to provide assistance to foster care children. Additionally, he has been an active participant in the toy drive that benefits underprivileged children living in Arise Muñiz's colonias. Through these efforts, Mr. Garcia has demonstrated his unwavering commitment to social responsibility and community service.

Shalom M. Almeida Marketing & CLE Coordinator Allow me to introduce you to Shalom Almeida the Marketing and CLE Coordinator who recently joined our association in August.

Since her college days, Shalom has had a strong desire to work in the nonprofit sector, and she is thrilled to be part of an organization that aligns with her personal values and mission.

Beyond her passion for her work, Shalom also enjoys traveling, and with her fiancé, she has set a goal to visit every baseball stadium in the country. She finds the beach soothing and likes to swim to unwind.

Shalom is committed to being an active member of the community and is eager to contribute to making it a better place for everyone. We look forward to seeing her grow!

2023 VETERANS DAY

O. Carl Hamilton Jr., Esq. U.S. Navy Veteran

AHR SALUTES OUR VETERANS THANK YOU FOR YOUR WILLINGNESS TO

SERVE

Kevin Delgado, Esq. U.S. Air Force Veteran

A GLIMPSE OF THE PAST MONTH

THE ANNUAL HEART GALLERY

A heartfelt celebration to remember! This year's Heart Gallery was an absolute triumph, pulling heartstrings and bringing joyful tears to many. The emotional rollercoaster marked the kickoff of Adoption Month, casting a spotlight on the beautiful children eagerly awaiting their forever families. A huge shoutout to everyone who graciously carved out time from their bustling schedules to join us on this enchanting evening!

We extend our deepest gratitude to the incredible sponsors who stood by us with unwavering support, making this magical event possible. Your generosity is the driving force behind the smiles we witnessed and the dreams that were set in motion.

THE ANNUAL HEART GALLERY

THE ANNUAL HEART GALLERY

THE ANNUAL HEART GALLERY

Relive the magic with a glimpse into the enchanting moments captured during this phenomenal night!

To all who contributed, attended, and embraced the spirit of the Heart Gallery – THANK YOU! Your kindness is the key to creating brighter futures for these incredible children. Let's continue spreading love and building families that last a lifetime. .

THE ANNUAL HEART GALLERY SPONSORS

THE ANNUAL HEART GALLERY SPONSORS

THE ANNUAL HEART GALLERY SPONSORS

THE ANNUAL HEART GALLERY SPONSORS

THE ANNUAL HEART GALLERY SPONSORS

THE ANNUAL HEART GALLERY SPONSORS

BLACK ROBE UNVEILING

These pictures commemorate a remarkable unveiling ceremony, graciously hosted by Rio Bank, which marked a momentous occasion that extended gratitude for their support in making this collaboration possible.

The presence of individuals from the Child Bereavement Center further highlighted the inclusive nature of this partnership.

With uncontainable joy, the announcement was made regarding the beneficiary of the toys collected through the Black Robe event—the Child Bereavement Center. The Black Robe now stands as more than just an emblem of recognition; it serves as a collection point for toys that will play a crucial role in supporting the center's vital mission.

The collaboration between the Hidalgo County Bar Association and the Child Bereavement Center holds the promise of a profound impact. The collected toys will contribute to providing comfort and solace to those in need, aligning with the shared commitment to making a positive difference in the community.

BLACK ROBE UNVEILING

As this meaningful partnership continues to unfold, we invite everyone to stay engaged and informed through various social media platforms. Regular updates and additional details from the Black Robe event will be shared, ensuring that the community remains connected to the ongoing efforts and the positive outcomes generated by this collaboration.

In celebrating the spirit of giving and community support, the Black Robe event stands as a testament to the power of partnerships in making a lasting impact on those who need it most.

BUSINESS LAW & COMMERCIAL LITIGATION SECTION

These captivating pictures chronicle the committed individuals who graciously dedicated their valuable time amid busy schedules to participate in our event and glean insights from the wisdom imparted by two stalwarts in the industry, Mr. Dan Worthington and Mr. Michael McGurk.

A particular commendation is due to our benevolent sponsor, Lone Star National Bank, whose unwavering support played an instrumental role in bringing this event to fruition.

CHILD WELFARE SECTION

These images encapsulate the inaugural moments of the Child Welfare Section—a truly remarkable day held in the esteemed setting of Judge Villalon's Court Room.

Our heartfelt gratitude extends to Judge Villalon for graciously sharing his knowledge and opening the doors to the court.

Special recognition goes to Attorneys Carmen Benavides and Cynthia Del Bosque for their generous sponsorship, a pivotal contribution to the success of this significant day.

FAMILY LAW SECTION

An extraordinary day delving into the intricate realm of Family Law! Immense gratitude extends to the exceptionally insightful Diane St Yves Brewer, whose brilliance illuminated the room as she generously shared her wisdom and personal journey. The discourse navigated the nuanced terrain of mental health, the challenges inherent in the legal profession, and the delicate balance of maintaining one's identity and purpose.

The conversations proved to be nothing short of enlightening, providing a treasure trove of invaluable insights for all in attendance.

APPELLATE SECTION

A captivating picture featuring the distinguished cochairs of the Appellate Section, Mr. Joseph Vale and Mr. Scott Clark, alongside the remarkable speaker Kathy Mills, our esteemed Executive Director Abraham Garcia, and Mr. Jonathon Muñoz.

In the spirit of utmost appreciation, we extend our sincere gratitude to the esteemed Kathy Mills for gracing us with her unparalleled expertise and profound insights.

IMMIGRATION SECTION

Delving into the realm of knowledge with Anthony Matulewicz was an absolute delight during the Immigration Zoom CLE! A resounding shoutout to Anthony Matulewicz for unleashing knowledge bombs that proved as mind-blowing as they were game-changing! The insights shared were akin to unlocking the cheat codes to success, providing invaluable tips and tricks that promise to simplify the life of every lawyer.

Special commendations are in order for our exceptional board member, Henry Falcon III, for graciously taking time out of his busy schedule to seamlessly assume control of the Zoom reins, ensuring the success of this enlightening session.

REAL ESTATE SECTION

Delight abounds as we reflect on an exceptional CLE with the brilliant Eugene R. Vaughan, III! A resounding shoutout and heartfelt gratitude extend to Edwards Abstract and Title Co for their generous hosting and sponsorship of our scrumptious lunch, elevating this gathering to unparalleled heights.

The resonance of legal insight and gastronomic delights has left our Real Estate Section buzzing with anticipation for the exciting ventures that lie ahead!

ARTICLES, MOVIES AND BOOKS REVIEWS FOR NOVEMBER

2023 LEGISLATIVE UPDATE

EUGENE R. VAUGHAN, III JONES, GALLIGAN, KEY & LOZANO, L.L.P. WESLACO, TEXAS

This paper covers changes to Texas law affecting real property. My aim in putting this together was to cover topics of interest to the majority of us, so the paper is not allencompassing. For a deeper dive into all of the legislative changes that in any way affect real property, I encourage you to read “Legislative Update: Significant Bills of the 88th Texas Legislature, Regular Session, Affecting Real Estate, Lending and Other Commercial Matters” by Jack Miller and Reid Wilson, presented at the 45th Annual Advanced Real Estate Law Course.

or developer of a condo or other housing project for the construction or sale of one or more new residences.

The definition of “Residence” is expanded to include a detached one-family or two-family dwelling, a townhouse not more than three stories in height (with separate means of egress).

The term “Townhouse” is defined.

Section 27.003 is amended to limit a contractor’s liability to the extent a defective condition proximately causes physical damage to the residence, an actual failure or lack of capability of a building component to perform its intended function, or a verifiable danger to the safety of the occupants of the resident.

Property Code Amendments – Relates to seller’s disclosures regarding HB 697 fuel gas piping in residential real property.

The bill amends Section 5.008(b) of the Property Code to modify the seller disclosure form for specified residential real estate transactions. The form now requires the seller to state whether the property includes black iron pipe, copper, or corrugated stainless steel tubing. The modified form must be used for transfers of property that occur on or after September 1, 2023.

Section 27.003 is also amended to provide that failure to timely notify the contractor about a construction defect, normal cracking or shrinkage cracking within the tolerance of building standards, and modification of information relating to the residence if the contractor did not know of and could not have known of the modification are added as exceptions to contractor liability.

The bill takes effect on September 1, 2023.

Section 27.003 is also amended to provide that a breach of warranty claimant must establish that the defect was latent at the time the property was conveyed to the original purchase and has rendered the residence unsuitable for use as a home.

SB 1768 – Corrects or removes obsolete statutory references in the following Property Code Sections: 27.001(4), (5), and (8); 27.004(a)-(d); 27.0042(b); 53.172; 74.3013(h); 112.058(c)-(d); 202.003(b); 204.004(b); and 204.010(a).

Section 27.004 is amended to provide the contractor with the opportunity to conduct up to three inspections within 35 days after the date the contractor receives notice of a construction defect claim. It also revises the time period in which a contractor can offer to settle a claim or make repairs after receipt of a claim. It is also amended to add specified arbitration costs to damages that can be recovered for a construction defect.

This bill is effective immediately upon signature by the governor.

HB 2022 – Relates to residential construction liability under Chapter 27 of the Property Code.

The bill broadens the term “Appurtenance” to include a garage, outbuilding, retaining walls or other structures whether or not they are attached to or part of a dwelling unit.

Section 27.006 is amended to require a claimant to prove that a construction defect existed at the time of completion of the construction alteration or repair.

The definition of “Contractor” is expanded to include a person contracting with an owner 2023 Legislative Update HCBA Real Estate Section

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Section 27.008 is added to provide that the submission of an construction defect action to arbitration has the same effect on the running of a limitations period as a filing in a court.

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Section 27.009 is added to provide that a waiver of the provisions of Chapter 27 in a residential construction contract are void.

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The bill takes effect on September 1, 2023.

HB 3485 – Relates to the right of a contractor or subcontractor not to proceed with additional work under a contract.

The bill adds Section 28.0091, which provides that a contractor or subcontractor is not required to proceed with additional work directed by the owner if the contractor has not received a written and signed change order and the anticipated value of the additional work exceeds 10% of the original contract amount.

A contractor or subcontractor who elects not to proceed with additional work is not responsible for damages associated with the election not to proceed.

The bill takes effect on September 1, 2023.

HB 207 – Relates to the exclusion of certain conveyances involving rural land from classification as sham or pretended sales.

The bill adds Section 41.0022 to the Property Code, which provides that conveyances by individuals to certain related entities (corporations, professional corporations, professional associations, limited liability companies, professional limited liability companies, or limited partnerships) are not sham or pretended sales (including pretended sales under Section 50(c), Article XVI of the Texas Constitution) if the following conditions are met: •The deed conveying the parcel is recorded at least 30 days before the entity grants a mortgage, deed of trust, or other lien on the parcel;

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The individual does not reside on the parcel at the time it is conveyed to the entity; The parcel is not contiguous to the parcel where the individual resides; The deed conveying the parcel does not contain a condition of defeasance; and The individual conveying the parcel records an affidavit contemporaneously with the deed conveying the parcel that satisfies the following requirements: oThe affidavit must be titled “Affidavit Regarding Conveyance to an Entity” oThe affidavit must be dated. oThe affidavit must describe the title of the deed, the date of the deed, the name and address of the individual grantor, and the name and address of the entity grantee. oThe legal description of the parcel conveyed to the entity. oThe legal description of the parcel where the individual grantor resides. oA statement that the parcel being conveyed is not contiguous to the parcel upon which the individual currently resides. oA statement that the parcel upon which the individual currently resides is not located within the corporate limits of a municipality (or it ETJ) or served by police or fire protection and at least three of the following: electric, natural gas, sewer, storm sewer, or water. oA statement regarding the individual’s marital status (and name of spouse, if applicable). oA statement that the individual’s spouse owns a direct or indirect interest in the entity. oA statement that the individual has executed the deed conveying the parcel to

the entity and intends to vest title in the entity. oA statement that there are no written or oral agreements regarding a defeasance of the parcel upon the passage of time or occurrence/nonoccurrence of any event. oA statement that the individual understands that he or she will be estopped from claiming that he or she had abandoned homestead rights, if any, by executing the deed. oA statement that he or she understands that if the parcel is valued for ad valorem tax purposes as qualified open space land, the entity must reapply in its own name by the applicable filing deadline. oA statement that the individual has had an opportunity to review the affidavit prior to its execution and to consult with an attorney before the affidavit’s execution (whether or not the opportunity to so consult was exercised).

posts other publicly-available auction information. The county must also post the date, time, and location of the sale on the same web page where the notice is posted. The intent is to improve sales prospects by making information about the sale more readily available.

The bill takes effect on September 1, 2023.

HB 4635 – Relates to organized crime, racketeering activities, and collection of unlawful debts. Provides a civil penalty for the foregoing and also creates criminal offenses.

Among other things, the bill adds Chapter 68 to the Property Code, which creates a new RICO lien notice to be filed in conjunction with the institution of a civil action under Chapter 140B of the Civil Practice and Remedies Code (once the Attorney General has received consent from the applicable local prosecutor). The act provides the conditions upon which the lien expires or can be terminated or released.

The bill takes effect on September 1, 2023.

SB 658 – Relates to the disposition of money from certain attorney accounts delivered to the comptroller as unclaimed property.

An individual executing a deed under this section is estopped from claiming that the conveyance is a sham or pretended sale, or that the individual has not abandoned homestead rights, if any, by executing the deed.

The bill adds Section 74.604 to the Property Code, which applies to money delivered to the comptroller as unclaimed or unidentified money in a client trust account established by an attorney or law firm, or money in an abandoned IOLTA account. The comptroller is to deposit money to which Section 74.604 applies to the credit of the basic legal services account of the judicial fund where it may be used by the supreme court for programs that provide basic legal services to indigent persons. If the comptroller subsequently pays a person who makes a claim for the funds, the supreme court shall reimburse the comptroller.

If the individual is married, the individual’s spouse must join in the execution of the deed and the affidavit.

The bill takes effect on September 1, 2023.

SB 62 – Relates to posting certain documents and information related to certain real property sales on a county’s website.

The bill amends Section 51.002(f-1) of the Property Code to require the clerk to prominently post a notice of foreclosure sale on a county’s website where the county

The bill takes effect on September 1, 2023.

SB 1259 – Relating to the maximum judgment amount that a justice court may

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award in civil cases regarding the repair of residential rental property.

The bill also adds Subchapter F to Chapter 112 of the Property Code, which outlines the requirements for a noncharitable trust without an ascertainable beneficiary. In reviewing the analysis of the bill provided by the Legislature, the Legislature noted that “[w]hile trust beneficiaries should have more control over their personal or commercial trusts, additional enforcement for noncharitable trusts without an ascertainable beneficiary is also needed.

H.B. 2333 seeks to ensure that noncharitable trusts without a definite or definitely ascertainable beneficiary are properly enforced and administered by providing for the appointment of one or more trust enforcers to ensure that the trust's purpose and terms are being carried out appropriately. Overall, this legislation seeks to provide a framework for the proper enforcement and administration of noncharitable trusts without a definite or definitely ascertainable beneficiary.”

The bill amends Section 92.0563(e) of the Property Code to increase the amount that a justice court may award in a civil case regarding the repair of residential real property to $20,000.00 (up from $10,000.00).

The bill takes effect on September 1, 2023.

HB 3536 – Relating to a commercial landlord’s remedies regarding certain unlawful activities on the premises of commercial rental properties.

Section 93.013(a) of the Property Code is amended to add Subsection (a)(3), which provides that a tenant’s right to possession terminates, and the landlord has a right to recover possession of the leased premises if the tenant is using the premises (or allowing the premises to be used) for operating, maintaining, or advertising a massage establishment that: (1) is not exempt from licensing requirements under state or federal law and (a) has never been issued a license by the Texas Department of Licensing and Regulation; or (b) its license was suspended, revoked, or refused renewal by the TDLR after the tenant obtained possession of the premises; or (2) that was issued a citation, administrative penalty, civil penalty, or other civil or criminal sanction for: (a) violating a local ordinance that relates prostitution or trafficking of persons; (2) operating sexuallyoriented business; or (c) violating Section 455.202 of the Occupations Code.

The bill takes effect on September 1, 2023.

HB 2196 – Relating to trusts.

The bill amends Section 41.0021(a) of the Property Code to add to the definition of a “qualifying trust.”

The bill adds Subsection (f-1) to Section 112.035, which provides that a beneficiary of a trust (or the estate of such beneficiary) may not be considered a settlor merely because the beneficiary: (1) held or exercised a testamentary power of appointment other than a general power of appointment; (2) held a testamentary general power of appointment; or (3) exercised a testamentary power of appointment in favor of or for the benefit of the takers in default of the appointive assets.

This provision applies even if there is a contrary provision in the lease.

The bill takes effect on September 1, 2023.

HB 2333 – Relating to noncharitable trusts without an ascertainable beneficiary.

The bill adds Subsection (f-2), which provides that if a beneficiary of the trust exercised a testamentary general power of appointment in favor of or for the benefit of any appointee other than the takers in default of the appointive assets, such assets are: (1) subject to the claims of beneficiary, but only to the extent the beneficiary’s own

The definition of “express trust” in Section 111.004(4) of the Property Code is amended to include noncharitable trusts.

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property is insufficient to meet the beneficiary’s debts; and (2) unless appointed to the beneficiary’s estate not subject to administration as part of the beneficiary’s estate, recovery by the personal representative of the beneficiary’s estate, or the payment of taxes or administration expenses of the beneficiary’s estate.

Code.

identified by a correction instrument under Section 5.028 of the Property

•A document that purports to be a certification of trust under Section 114.086 of the Property Code that is recorded in the county in which property of the trust is located is presumed to correctly identify the trust and the trustee and may be relied upon by a good faith purchaser or lender for value.

Finally, the bill adds Subsection (f-3), which provides that “general power of appointment” has the meaning assigned by 26 USC 2041(b)(1).

The bill also amends Section 5.028 of the Property Code to clarify that the addition of the identity of the trustee of the trustee of a trust named as a party is a nonmaterial correction.

Section 112.036(b) and (c) (part of the trust decanting provisions) of the Property Code is amended to clarify the effective date of the two trusts when property is transferred from one trust to another and also provides that the interest in a trust with an effective date on or after September 1, 2021, must vest not later than (1) 300 years after the effective date; or (2) 21 years after some life in being at the time of the effective date (plus a gestation period).

The bill takes effect on September 1, 2023.

HB 1193 – Relating to prohibiting housing discrimination by a property owner’s association (“POA”) against a residential tenant based on the tenant’s method of payment.

The bill adds Section 202.024 to the Property Code to prohibit a POA from including or enforcing a provision in a dedicatory instrument that restricts a property owner from renting a dwelling to a person based on the person’s method of payment. Essentially, a dedicatory instrument cannot prohibit Section 8 housing (or any other similar program) in a neighborhood.

Section 112.0715(a) and (b) of the Property Code are amended to provide that if a second trust is created by the decanting rules, may retain the same name as the first trust and, subject to applicable federal law, the same tax identification number as the first trust.

The bill was effective immediately upon passage by the Legislature and signing by the Governor.

The bill is effective September 1, 2023.

SB 801 – Relating to an instrument that names a trust as a party.

HB 614 – Relating to fines by POAs. The bill adds Section 209.0061 to the Property Code to provide that a POA may adopt an enforcement policy regarding the levying of fines by the POA, which must include:

The bill adds Section 114.087 to the Property Code, which provides as follows: •The trustee of a trust is considered for all purposes to be the named party to an instrument that names the trust as a party to the instrument in any capacity unless the trust is a legal entity under state law.

•The trustee of a trust that is a named party to a recorded instrument may be (but is not required to be)

assessed;

•The general category of restrictive covenants for which fines may be

•A schedule of fines for each category of violation; and

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•Information regarding hearings covering the fines.

HB 2308 – Relating to nuisance actions and other actions against agricultural operations.

The enforcement policy may reserve the board’s authority to levy a fine on a case-bycase basis.

The bill amends Section 251.004 of the Agriculture Code to provide that no nuisance action or other action to restrain an agricultural operation may be brought where such an operation that is lawfully operating on a property has been substantially unchanged for one year or more prior to the date of the action. A person who brings a nuisance action or other action to restrain an agricultural operation that is not prohibited

by Section 251.004 must establish each element of the action by clear and convincing evidence. The section also defines what is meant by “substantial change.”

The POA must provide a copy of the enforcement policy to each owner by posting the policy of the website of the POA (or its agent) and by annually sending the policy to each owner by hand delivery, first- class mail, or email.

The bill takes effect on January 1, 2024.

HB 886 – Relating to requirements to file a POA assessment lien.

The bill takes effect on September 1, 2023.

Section 209.0094 of the Property Code is amended to provide that before a POA may file an assessment lien, it must first provide two delinquency notices to the property owner. The first notice must be provided by first-class mail to the owner’s last-known mailing address or to the owner’s email address. The second notice must be sent to the owner’s last-known address by certified mail, return, receipt requested not earlier than 30 days after the first notice is given.

The POA may not file its lien before the 90th day after the second notice is sent.

HB 1750 – Relating to the applicability of certain city requirements to agricultural operations.

The bill amends Section 251.005(c) of the Agriculture Code to provide that a governmental requirement of a city applies to an agricultural operation located in the corporate boundaries of a city only if such requirement complies wit Section 251.0055 of the Agriculture Code.

The bill adds Section 251.0055 to the Agriculture Code, which states that a city may not impose a governmental requirement that applies to agricultural operations located in the corporate boundaries of the city unless:

The bill takes effect on September 1, 2023.

HB 567 – Relating to discrimination on the basis of hair texture or protective hairstyle associated with race.

•There is clear and convincing evidence that the purposes of the requirement cannot be addressed through less restrictive means and the requirement is necessary to protect persons who reside in the immediate vicinity, or persons on public property in the immediate vicinity, from the imminent danger of certain specified occurrences; •There is a finding based on a report specified in Section 251.0055 that the requirement is necessary to protect public health; and

The bill adds Section 301.0045, which defines “protective hairstyle” to include braids, locks, and twist. This section also states any provision in Chapter 301 referring to discrimination on the basis of a person’s race includes discrimination on the basis of a person’s hair texture or protective hairstyle commonly or historically associated with race.

The bill takes effect on September 1, 2023.

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•The requirement is not otherwise prohibited by Section 251.0055.

HB 73 – Relating to limitation of certain liability of owners, lessees, and occupants of land in connection with livestock and agricultural land.

Governmental requirements that directly or indirectly prohibit the use of certain generally-accepted agricultural practices, that prohibit or restrict the growing or harvesting of vegetation for animal feed, livestock forage, or forage for wildlife management, that prohibit the use of pesticides or other measures to control vermin or disease-bearing insects to the extent necessary to prevent an infestation, or that require that an agricultural operation be designated for agricultural use under specified sections of the Texas Constitution are forbidden.

The bill amends Section 75.006 of the Civil Practice and Remedies Code to extend the protections afforded owners of agricultural land to their lessees. It also provides that neither an owner nor a lessee is liable for damages involving livestock (regardless of whether the damage occurs on the owner’s or lessee’s property) due to acts or omissions of trespassers who enter the property or an act or omission of third party who enters the property without the landowner’s or lessee’s express or implied permission and damages a fence or gate on the property, including damage caused by a vehicle. Similar protections are extended to persons entering onto agricultural land without consent in situations not involving livestock.

Cities may impose a maximum height for vegetation only if such maximum height is at least 12 inches and the requirement only applies to portions of the property located no more than 10 feet from a property boundary that is adjacent to a public sidewalk, street or highway, or a property that is owned by someone other than the owner of the agricultural operation.

The bill takes effect on September 1, 2023.

Constitutional Amendments

The bill takes effect on September 1, 2023.

Proposing a constitutional HJR 126 – amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management.

Civil Practice & Remedies Code HB 1382 – Relating to the public sale of real property taken in execution of a judgment.

Following is the sponsor’s statement of intent:

Section 34.041 of the Civil Practice and Remedies Code is amended to add Subsections (a-1) and (a-2). Subsection (a-1) authorizes the commissioners court to take official action to authorize the officer charged with conducting a public sale of real property taken in execution of a judgment to conduct a public auction using online bidding and sale, subject to rules adopted by the court that will take effect on the 90th day after the rules are recorded in the real property records of the county. Section (a-2) states that Subsection (a-1) will not apply to foreclosures conducted under Section 51.002 of the Property Code.

“There is a need to protect the right to farm and ranch in Texas in order to ensure our future food security. Farmers and ranchers who engage in production agriculture within municipal boundaries are being subjected to broad overregulation by municipal ordinances that prohibit and greatly restrict normal practices of agricultural operations, such as the raising and keeping of livestock, the production of hay, and the cultivation of certain row crops. H.J.R. 126 seeks to address this issue and empower landowners in the state by constitutionally protecting their right to engage in certain generally accepted agricultural practices on their own property.

The bill takes effect on September 1, 2023.

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H.J.R. 126 proposes a constitutional amendment protecting the right to engage in farming, ranching, timber production, horticulture, and wildlife management.”

to provide for 4-year terms for members of the governing body of an appraisal entity in counties with a population of 75,000 or more.

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. See HB 1750 for codification of some of the principles expressed in the amendment, though.

The amendment was approved by the Texas voters on November 7th.

Finance Code HB 219 – Relating to the release of a deed of trust or other contract lien securing a home loan after payoff by the mortgagor.

The amendment was approved by the Texas voters on November 7th.

SJR 64 – Proposing a constitutional amendment authorizing a local option exemption from ad valorem taxation by a county or municipality of all or part of the appraised value of real property used to operate a childcare facility. The proposed amendment does not grant any specific rulemaking authority.

The bill adds Section 343.108 to the Finance Code, which requires a mortgage servicer or mortgagee, as applicable, to: 1.Deliver to the mortgagor a release of lien for the home loan; or 2.File the release with the appropriate county clerk’s office for recording in the real property records of the county in which the home is located.

The amendment was approved by the Texas voters on November 7th.

The above actions must be done within 60 days following the date the loan is repaid.

HJR 2 (2nd Special Session) - Proposing a constitutional amendment to authorize the legislature to establish a temporary limit on the maximum appraised value of real property other than a residence homestead for ad valorem tax purposes; to increase the amount of the exemption from ad valorem taxation by a school district applicable to residence homesteads; to adjust the amount of the limitation on school district ad valorem taxes imposed on the residence homesteads of the elderly or disabled to reflect increases in certain exemption amounts; to except certain appropriations to pay for ad valorem tax relief from the constitutional limitation on the rate of growth of appropriations; and to authorize the legislature to provide for a fouryear term of office for a member of the governing body of certain appraisal entities.

The borrower can shorten the process by delivering a written request to the mortgagee or mortgage servicer within 20 days of payoff in which the borrower requests that the release of lien be delivered or recorded, in which case the mortgagor or mortgage servicer must comply within 30 days after receiving the written request.

Mortgage servicers are only required to comply with Section 343.108 if they have authority to deliver or file releases of lien for the home loan.

The bill is effective as of September 1, 2023.

The proposed amendment raises the amount that is exempt from property taxation for school taxes from $40,000.00 to $100,000.00. It also allows the legislature to impose a limitation on the annual appraisedvalue increase for non-homestead real property. Finally, it will allow the legislature

Local Government Code Relating to the conveyance of SB 543 – property by a municipality for the public purpose of economic development.

The bill adds Section 253.0125 to the Local Government Code and allows municipalities 8

to transfer an interest in real property to a private entity for the purpose of economic development pursuant to the terms of an agreement authorized under Chapter 380 of the Local Government Code.

The consideration for the transfer is the 380 agreement, and the agreement must contain terms that give the municipality the ability to ensure that public purpose is accomplished and the municipality receives the return benefit. Property that the municipality owns, holds, or claims as a public square or park cannot be transferred under this section.

Prior to transferring the real property, the municipality must give notice of its intent to do so in a newspaper of general circulation in the county in which the property is located, and the notice must meet the requirements described in the statute.

A municipality may not transfer real property under this section if the property was acquired from the previous owner by the exercise of eminent domain authority or the threat of the exercise of eminent domain authority.

The bill is effective upon passage by the Legislature and signature by the Governor.

9

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