BILL ANALYSIS

C.S.H.B. 3503

By: Lambert

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The Property Code has been amended many times over the years and still includes archaic references to old Vernon's Statutes and to law that has been repealed. C.S.H.B. 3503 seeks to provide nonsubstantive cleanup changes with regard to outdated references in the Property Code.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3503 amends the Property Code to make nonsubstantive corrections and remove obsolete references to the Texas Residential Construction Commission Act, Vernon's Texas Insurance Code, the Texas Non-Profit Corporation Act, the Cooperative Association Act, and the Community Homes for Disabled Persons Location Act.

C.S.H.B. 3503 repeals Property Code provisions requiring a seller of residential real property that is exempt from the former Texas Residential Construction Commission Act to give to the purchaser of the property a notice regarding the nonapplicability of certain warranties.

C.S.H.B. 3503 repeals the following provisions of the Property Code:

· Section 5.018;

· Sections 27.001(3) and (9);

· Section 27.004(l); and

· Section 27.007(c).

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3503 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute does not include provisions found in the original establishing that a party in a justice court case is not required to be represented by an attorney and may be represented by specified alternatives. The substitute does not repeal a provision establishing that a corporation need not be represented by an attorney in a justice court, which was repealed in the original.