According to the Legislative Budget Board (LBB), HB 2349 will have no significant fiscal implications for the State. This is largely because the Texas Real Estate Commission (TREC), the agency affected by the bill, operates as a self-directed, semi-independent agency. As such, TREC funds its own operations and does not rely on general appropriations from the state’s General Revenue Fund. Therefore, any reduction in workload or jurisdiction resulting from the exemption of certain transactions does not affect state budgeting or appropriations.

Furthermore, the bill is not expected to have a significant fiscal impact on local governments. Since the legislation does not impose new mandates, administrative burdens, or costs on municipalities or counties, there is no anticipated need for local tax increases, staffing changes, or regulatory adjustments at the local level.

Overall, the fiscal note underscores that the bill’s regulatory changes are policy-oriented rather than cost-intensive. It aims to remove certain transactions from TREC's oversight without introducing new financial obligations to the state or local governments. This aligns with the broader goal of reducing unnecessary regulation without expanding government expenditures.

Texas Policy Research recommends that lawmakers vote YES on HB 2349 due to its strong alignment with liberty principles—particularly individual liberty, free enterprise, private property rights, and limited government. The bill addresses regulatory inconsistencies in current law by clarifying that transactions involving various energy resources—including solar, wind, geothermal, and others—are exempt from oversight by the Texas Real Estate Commission (TREC). This mirrors existing exemptions already granted to transactions involving oil, gas, and other mineral interests, ensuring consistent treatment across energy sectors.

Importantly, the bill also confirms that limited partnerships (LPs) and limited liability companies (LLCs) may transact in their own real estate without being subject to licensure requirements. This change promotes efficiency and cost savings for small and medium-sized businesses, removing the need to engage licensed brokers for transactions where the parties are acting on their own behalf.

Critically, while the bill extends regulatory relief to renewable energy sources like wind and solar, it does not provide preferential treatment or competitive advantages to those industries. Instead, it levels the regulatory playing field by granting the same exemptions already available to the fossil fuel sector. There are no subsidies, mandates, or financial incentives tied to this change—just equal access to streamlined transactions. This ensures that all forms of energy compete on merit within a free enterprise system, preserving market neutrality and respecting consumer choice.

Finally, the bill has no significant fiscal impact on state or local governments. TREC operates as a self-directed agency, so reduced oversight does not affect public budgets. The bill represents a principled, practical reform that advances economic freedom without expanding government cost or control.

• Individual Liberty: The bill protects the freedom of individuals and property owners to engage in real estate transactions, specifically those involving energy-related assets, without unnecessary government interference. By exempting transactions related to minerals and other energy sources from Texas Real Estate Commission (TREC) oversight, individuals can exercise more control over how they develop, lease, or sell their own property interests.
• Personal Responsibility: By reducing government involvement in specific types of transactions, the bill places a greater responsibility on individuals and businesses to conduct their affairs prudently. It affirms the idea that private parties, especially those with legal counsel, are capable of negotiating contracts and assessing risks without mandatory state supervision through licensure.
• Free Enterprise: The bill directly strengthens free enterprise by leveling the regulatory field across energy industries. It removes burdens that previously applied to renewable energy transactions (such as wind and solar), allowing them to compete more fairly with traditional oil, gas, and mineral interests that were already exempt. Rather than picking winners, the bill ensures that all energy sectors operate under the same regulatory expectations.
• Private Property Rights: At its core, the bill reinforces the rights of property owners to control, use, and transfer their land and energy interests without needing permission from or oversight by a state agency. This applies not only to individuals but also to legal entities like LPs and LLCs, which previously faced uncertainty about their ability to manage their own assets without a broker’s license.
• Limited Government: Finally, the bill exemplifies the principle of limited government by narrowing the scope of TREC’s regulatory authority. It removes the commission from overseeing categories of transactions that arguably do not require government intervention, thus respecting the constitutional boundaries of state power and reducing bureaucratic influence in private commerce.

• SB 1172 (Same As)