State Issues

REAL ESTATE TAXES
In favor of reducing the tax burden on property owners. Oppose plans that would erect additional barriers to homeownership, harm the Texas economy or adversely affect real estate professionals and private-property owners including real estate transfer tax, tax on services, property tax appraisal caps.

INSURANCE
Support efforts to define an “appliance” in the Insurance Code to include a hose or hoses attached to the device that are necessary for the device to function as designed. The 79th regular session passed HB 941, which defines an appliance to include hoses attached to the device that are necessary for the device to function as designed, was signed into law by Gov. Perry. The law took effect September 1, 2005.

CREDIT SCORING
Recommend the continued study of the use of credit scoring by insurance companies. Historically, the association had taken a position of prohibiting the use of credit scores for insurance purposes. However, this position was modified to support a study of the issue by the Legislature.

MORTGAGE FINANCE
Continue to advocate mortgage-finance regulations that improve consumer choice while still providing strong consumer protections and regulation of the mortgage-finance industry. Expand the protection of the consumer when using mortgage finance to purchase real estate by requiring licensing and regulation of mortgage bankers in Texas. Continue to support strong constitutional protection regarding home equity lending to prevent predatory lending practices.

PRIVATE PROPERTY RIGHTS
Ensure property owners have the ability to fully enjoy their investments without unnecessary government regulations while balancing the needs of the property owner with the needs of the community.

TEXAS REAL ESTATE COMMISSION
Continue to work against unwarranted and burdensome licensing requirements that may hinder the ability of REALTORS® to serve the needs of their clients effectively.

National Issues

BANKS IN REAL ESTATE
Banks have asked the government to define real estate as a financial activity, rather than a commercial one. If this happens, banks will be able to make real estate part of their offerings. If banks are allowed to sell or manage real estate, there will be a negative impact on communities across America, leaving home buyers and sellers with fewer choices, higher loan fees and reduced customer service. We support maintaining the separation of finance and commerce to ensure that proper and fair protections are in place for the consumer when buying or selling real estate.

SMALL BUSINESS HEALTH PLANS
More than a quarter of REALTORS® have no health insurance coverage from any source. NAR supports legislation that would allow state REALTOR® associations to extend health insurance coverage to members. This legislation would make it easier to you and your colleagues to get affordable health insurance by creating larger groups of insured workers and would increase the bargaining power of individuals as well as make premiums more affordable.

GOVERNMENT-SPONSORED ENTERPRISES (GSEs)
Some aspects of the proposed reform of Fannie Mae, Freddie Mac and Federal Home Loan Banks (GSEs) could hamper the housing mission of these institutions. The nation’s housing finance system, held up in large part by the GSEs, gives more Americans access to mortgage credit and helps the real estate industry grow. Both the House Financial Services and the Senate Banking Committees have considered legislation to reform the regulation of GSEs. Due to the political differences, it is becoming more difficult to move either bill to the floor for consideration without negotiated changes. NAR will work to ensure that any final legislation contains priority provisions.

DO-NOT-CALL RULE
On July 26, 2005, the Federal Trade Commission (FTC) issued a final rule amending the Telemarketing Sales Rule, which increases the fees to access the Do-Not-Call Registry. REALTORS® can be fined $11,000 for each violation of the Do-Not-Call law. The new fee schedule went into effect September 1, 2005.

DO-NOT-FAX RULE
On July 9, 2005, President Bush signed S. 714, the Junk Fax Prevention Act, into law. The law does not legalize unsolicited fax advertisements or solicitations but does reestablish a long-standing business relationship exception to the federal ban on unsolicited faxed advertisements. REALTORS® will not be able to fax property listings to consumers who call to request such information without first getting written permission.

DO-NOT-E-MAIL RULE
In September 2004, NAR again submitted comments to the FTC on the commission's proposed criteria for determining the “primary purpose” of an e-mail message. In December 2004, the FTC issued a final primary purpose rule substantially similar to the Commission's original proposal. These final regulations were effective March 28, 2005, and will assist e-mail senders in the determination of whether a message has a commercial primary purpose and thus, subject to the requirements of the CAN SPAM Act.