Bill Text: TX SB30 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the removal of certain discriminatory provisions from a recorded conveyance instrument.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB30 Detail]
Download: Texas-2021-SB30-Comm_Sub.html
Bill Title: Relating to the removal of certain discriminatory provisions from a recorded conveyance instrument.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB30 Detail]
Download: Texas-2021-SB30-Comm_Sub.html
By: West, et al. | S.B. No. 30 | |
(In the Senate - Filed March 8, 2021; March 9, 2021, read | ||
first time and referred to Committee on State Affairs; | ||
March 17, 2021, reported favorably by the following vote: Yeas 9, | ||
Nays 0; March 17, 2021, sent to printer.) | ||
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relating to the removal of certain discriminatory restrictions and | ||
provisions from certain real property records. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 5, Property Code, is | ||
amended by adding Section 5.0265 to read as follows: | ||
Sec. 5.0265. REMOVAL OF DISCRIMINATORY RESTRICTIONS OR | ||
PROVISIONS FROM CERTAIN 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 or an interest in real | ||
property may request, on a form developed under Subsection (d), | ||
that the county clerk of a county in which all or part of the | ||
property is located: | ||
(1) remove from any instrument recorded in the | ||
county's real property records a restriction, whether express or | ||
incorporated by reference, that affects the property and that is | ||
void under Section 5.026(a); or | ||
(2) remove from the deed that conveyed the property or | ||
the interest in the property a provision, whether express or | ||
incorporated by reference, that is void under Section 5.026(a). | ||
(c) 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 restriction or provision identified in the | ||
request is void under Section 5.026(a) and: | ||
(1) if the county clerk determines the restriction or | ||
provision identified in the request is void under Section 5.026(a): | ||
(A) remove the restriction from the instrument or | ||
the provision from the deed, as applicable; and | ||
(B) attach to the instrument or deed, as | ||
applicable, a document stating that a restriction or provision void | ||
under Section 5.026 has been removed from the instrument or deed; or | ||
(2) if the county clerk determines the restriction or | ||
provision identified in the request is not void under Section | ||
5.026(a), notify the person who submitted the request that the | ||
restriction or provision has not been removed. | ||
(d) The attorney general shall develop the form required by | ||
Subsection (b). The form must allow the person requesting the | ||
removal of a restriction or provision under this section to | ||
provide: | ||
(1) the name of the owner of the property or interest | ||
in 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 or deed that is the | ||
subject of the request, including the address of the property, if | ||
any; and | ||
(3) the restriction or provision the owner believes is | ||
void under Section 5.026(a). | ||
(e) Each county clerk shall make the form developed under | ||
Subsection (d) available on the county clerk's Internet website. | ||
SECTION 2. Not later than December 1, 2021, the office of | ||
the attorney general shall develop and make available to each | ||
county clerk the form required by Section 5.0265(d), 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. | ||
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