Legislative Blog

J.B. Williams, J.D.

4 more bills that modify the Property Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 207

HB 450 - Deals with washouts in oil/gas leases

HB 697 - Disclosure of gas fuel piping

HB 886

4 more bills that modify the Property Code

Published: 2026-04-13

Multiple short modifications

HB 207 - 6 pages

Spells out guidelines for when the transfer of a parcel of land is not a sham, and the seller cannot claim it was a sham. It cannot be a residence, or contiguous to a residence of the 'selling party'. There must be an affidavit that states the transfer is not a sham or pretend sale, that there are no homestead rights. It must have a description of the deed, including the title, date and grantor information, as well as grantee information. These are required when the land is transferred to an entity.

My guess is that with land banks acquiring a lot of land, this is meant to ensure that the property is being purchased from the rightful owner and that the sale is above board.

HB 450 - 4 pages

This deals with an overriding royalty interest in oil/gas leases. If the person holding the overriding royalty interest gets washed out of the lease, and they can prove that they had this, the defendant had control over the lease, that the defendant caused their overriding royalty interest to be washed out, and that the defendant acted in bad faith; then they have a cause of action. The action would be brought in any county where part of the lease on the property was.

If they win, they are entitled to actual damages; constructive trust of the lease; and court costs and attorney's fees. The action must be brought within 2 years of their actual knowledge of this having been done.

HB 697 - 10 pages

It is now required that you disclose if you have fuel gas piping, and whether it is black iron pipe, copper, or corrugated stainless steel tubing. Apparently black iron pipe was the gold standard when my house was built. And seems to still be from what I read regarding the other 2 options.

I think the actual disclosure that it exists is rather amusing because saying there is gas/propane anything in the home pretty much means there is.

HB 886 - 3 pages

Before a property owner's association can file an assessment lien, they must provide the following:

1. first notice of delinquency by first class mail to the property owner's last known address or via e-mail to the property owner at the e-mail the owner provided;
2. second notice of delinquency must be provided by certified mail, return receipt requested, to the property owner's last known mailing address, not sooner than 30 days after the first notice
3. there must have been at least 90 days post the notice of delinquency being sent

I'm guessing this is for clarification because so many Property Owner's Association are handling so many items via e-mail now. But this would have been my best guess as to the proper way of handling it prior to this being made law.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.