Bill Text: TX HB4255 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the removal of certain unconstitutional provisions from real property records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-29 - Referred to Judiciary & Civil Jurisprudence [HB4255 Detail]

Download: Texas-2021-HB4255-Introduced.html
  87R10189 BEE-D
 
  By: Morales Shaw H.B. No. 4255
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the removal of certain unconstitutional provisions from
  real property records.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 11, Property Code, is amended by adding
  Section 11.009 to read as follows:
         Sec. 11.009.  REMOVAL OF UNCONSTITUTIONAL PROVISIONS FROM
  REAL PROPERTY RECORDS. (a)  To the extent of any conflict between
  this section and other law, this section prevails.
         (b)  An owner of real property may request, on a form
  developed under Subsection (e), that the county clerk of a county in
  which all or part of the property is located remove from a recorded
  instrument affecting or conveying an interest in the property a
  provision that:
               (1)  violates the United States Constitution;
               (2)  is unenforceable under law; and
               (3)  is unambiguously discriminatory.
         (c)  A county clerk may not charge a fee for filing a request
  under this section.
         (d)  Not later than the 30th day after the date a county clerk
  receives a request under Subsection (b), the county clerk shall
  determine whether the provision identified in the request satisfies
  the requirements of Subsection (b) and:
               (1)  if the county clerk determines the provision
  identified in the request satisfies the requirements of Subsection
  (b):
                     (A)  shall remove the provision from the
  instrument; and
                     (B)  shall attach to the instrument a document
  stating that a provision that satisfies the requirements of
  Subsection (b) has been removed from the instrument; or
               (2)  if the county clerk determines the provision
  identified in the request does not satisfy the requirements of
  Subsection (b), notify the person who submitted the request that
  the provision has not been removed.
         (e)  The supreme court shall develop the form required by
  Subsection (b). The form must allow the person requesting the
  removal of a provision under this section to provide:
               (1)  the name of the owner of the property that is the
  subject of the request;
               (2)  a description of the property sufficient for a
  county clerk to identify the recorded instrument that is the
  subject of the request, including the address of the property, if
  any; and
               (3)  the provision the owner believes satisfies the
  requirements of Subsection (b).
         (f)  Each county clerk shall make:
               (1)  the form developed under Subsection (e) available
  on the county clerk's Internet website; and
               (2)  copies of the form developed under Subsection (e)
  available on request from the county clerk's office.
         SECTION 2.  Not later than December 1, 2021, the Texas
  Supreme Court shall develop and make available to each county clerk
  the form required by Section 11.009(e), Property Code, as added by
  this Act.
         SECTION 3.  (a) Except as provided by Subsection (b) of this
  section, this Act takes effect January 1, 2022.
         (b)  Section 2 of this Act takes effect September 1, 2021.
feedback