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
87R20925 BEE-D | ||
By: West, et al. | S.B. No. 30 | |
(Leach) | ||
Substitute the following for S.B. No. 30: No. |
|
||
|
||
relating to the removal of certain discriminatory provisions from a | ||
recorded conveyance instrument or document. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 5, Property Code, is | ||
amended by adding Section 5.0261 to read as follows: | ||
Sec. 5.0261. REMOVAL OF DISCRIMINATORY PROVISION FROM | ||
RECORDED CONVEYANCE INSTRUMENT OR DOCUMENT. (a) In this section, | ||
"discriminatory provision" means a restriction or provision that is | ||
void under Section 5.026(a). | ||
(b) A person who owns real property or an interest in real | ||
property the chain of title for which includes a recorded | ||
conveyance instrument or document containing a discriminatory | ||
provision may request the removal of the discriminatory provision | ||
from the instrument or document by completing and filing, with the | ||
clerk of a district court in the county in whose real property | ||
records the instrument or document is recorded or of another court | ||
having jurisdiction over real property matters in the county, a | ||
motion, verified by affidavit by a completed form for ordinary | ||
certificate of acknowledgment of the same type described by Section | ||
121.007, Civil Practice and Remedies Code, that contains, at a | ||
minimum, the information in the following suggested form: | ||
MISC. DOCKET NO. ______ | ||
In Re: Conveyance InstrumentIn the ______ Judicial District | ||
with DiscriminatoryIn and For ___________________ | ||
Provision County, Texas | ||
Motion for Judicial Review of Conveyance Instrument or Document | ||
Alleged to Contain a Discriminatory Provision as Defined by Section | ||
5.0261(a), Texas Property Code | ||
Now Comes (name) and files this motion requesting a judicial | ||
determination of the status of a conveyance instrument or document | ||
that contains a discriminatory provision as defined by Section | ||
5.0261(a), Texas Property Code, filed in the office of the Clerk of | ||
(county name) County, Texas, and in support of the motion would show | ||
the court as follows: | ||
I. | ||
(Name), movant herein, is the person who owns the real | ||
property or the interest in real property described in the | ||
conveyance instrument or document. | ||
II. | ||
On (date), in the exercise of the county clerk's official | ||
duties as County Clerk of (county name) County, Texas, the county | ||
clerk received and filed and recorded the conveyance instrument or | ||
document attached hereto and containing (number) pages. The | ||
instrument is recorded at _______ in the real property records of | ||
_______ County. The conveyance instrument or document contains a | ||
discriminatory provision as defined by Section 5.0261(a), Texas | ||
Property Code. | ||
III. | ||
Movant alleges that the conveyance instrument or document | ||
attached hereto contains a discriminatory provision as defined by | ||
Section 5.0261(a), Texas Property Code, and that the discriminatory | ||
provision should be removed. | ||
IV. | ||
Movant attests that assertions herein are true and correct. | ||
V. | ||
PRAYER | ||
Movant requests the court to review the attached conveyance | ||
instrument or document and enter an order removing the | ||
discriminatory provision as defined by Section 5.0261(a), Texas | ||
Property Code, together with such other orders as the court deems | ||
appropriate. | ||
Respectfully submitted, | ||
_________________________ | ||
(Signature and typed name and address) | ||
(c) The completed form for ordinary certificate of | ||
acknowledgment, of the same type described by Section 121.007, | ||
Civil Practice and Remedies Code, must be as follows: | ||
AFFIDAVIT | ||
THE STATE OF TEXAS | ||
COUNTY OF ______________ | ||
BEFORE ME, the undersigned authority, personally appeared | ||
_____________, who, being by me duly sworn, deposed as follows: | ||
"My name is _________________. I am over 21 years of age, of | ||
sound mind, with personal knowledge of the following facts, and | ||
fully competent to testify. | ||
I further attest that the assertions contained in the | ||
accompanying motion are true and correct." | ||
Further affiant sayeth not. | ||
_____________________________ | ||
SUBSCRIBED and SWORN TO before | ||
me, this _____ day of ________, | ||
_____. | ||
_____________________________ | ||
NOTARY PUBLIC, State of Texas | ||
Notary's printed name: | ||
_____________________________ | ||
My commission expires: | ||
_____________________________ | ||
_____________________________ | ||
(d) A motion under this section may be ruled on by a court | ||
having jurisdiction over real property matters in the county where | ||
the subject document was filed. The court's finding may be made | ||
solely on a review of the conveyance instrument or document | ||
attached to the motion and without hearing any testimonial | ||
evidence. The court's review may be made ex parte without delay or | ||
notice of any kind. If the court does not rule on the motion on or | ||
before the 15th day after the date the motion is filed, the motion | ||
is deemed granted. An appellate court shall expedite review of a | ||
court's finding under this section. | ||
(e) A court clerk may not collect a filing fee for filing a | ||
motion under this section. | ||
(f) After reviewing the conveyance instrument or document | ||
attached to a motion filed under this section, the court shall enter | ||
an appropriate finding of fact and conclusion of law. | ||
(g) The court's finding of fact and conclusion of law must | ||
be: | ||
(1) transferred by the court clerk to the county clerk | ||
for recording and indexing not later than the 10th day after the | ||
date the finding of fact and conclusion of law is entered by the | ||
court or deemed granted under Subsection (d); and | ||
(2) filed and indexed by the county clerk in the same | ||
class of records in which the subject conveyance instrument or | ||
document is filed. | ||
(h) The county clerk may not collect a fee for filing a | ||
court's finding of fact and conclusion of law under this section. | ||
(i) A suggested form of order appropriate to comply with | ||
Subsection (f) is as follows: | ||
MISC. DOCKET NO. ______ | ||
In Re: Conveyance InstrumentIn the ______ Judicial District | ||
with Discriminatory In and For ___________________ | ||
Provision County, Texas | ||
Judicial Finding of Fact and Conclusion of Law Regarding Conveyance | ||
Instrument or Document Alleged to Contain a Discriminatory | ||
Provision as Defined by Section 5.0261(a), Texas Property Code | ||
On the (number) day of (month), (year), in the above entitled | ||
and numbered cause, this court reviewed a motion, verified by | ||
affidavit, of (name) and the conveyance instrument or document | ||
attached thereto. No testimony was taken from any party, nor was | ||
there any notice of the court's review, the court having made the | ||
determination that a decision could be made solely on review of the | ||
conveyance instrument or document under the authority vested in the | ||
court under Section 5.0261, Texas Property Code. | ||
The court finds as follows (only an item checked and | ||
initialed is a valid court ruling): | ||
_______ The conveyance instrument or document recorded at | ||
______ in the real property records of ______ County CONTAINS a | ||
discriminatory provision as defined by Section 5.0261(a), Texas | ||
Property Code. The discriminatory provision as defined by Section | ||
5.0261(a), Texas Property Code, is void and removed from the | ||
conveyance instrument or document identified herein. | ||
_______ The conveyance instrument or document recorded at | ||
______ in the real property records of ______ County and attached | ||
to the motion herein DOES NOT CONTAIN a discriminatory provision as | ||
defined by Section 5.0261(a), Texas Property Code. | ||
This court expressly limits its finding of fact and | ||
conclusion of law to the review of a ministerial act. The county | ||
clerk shall file this finding of fact and conclusion of law in the | ||
same class of records in which the subject conveyance instrument or | ||
document is filed, and the court directs the county clerk to index | ||
it using the same names used to index the subject conveyance | ||
instrument or document. | ||
SIGNED ON THIS THE ________ DAY OF ____________________. | ||
_______________________________ | ||
JUDGE | ||
________ (Court) | ||
_____________ COUNTY, TEXAS | ||
SECTION 2. Sections 193.003(a) and (b), Local Government | ||
Code, are amended to read as follows: | ||
(a) The county clerk shall maintain an alphabetical index to | ||
all recorded deeds, powers of attorney, mortgages, correction | ||
instruments, findings of fact and conclusions of law entered under | ||
Section 5.0261, Property Code, and other instruments relating to | ||
real property. The index must state the specific location in the | ||
records at which the instruments are recorded. | ||
(b) The index must be a cross-index that contains the names | ||
of the grantors and grantees in alphabetical order. If a deed is | ||
made by a sheriff, the index entry must contain the name of the | ||
sheriff and the defendant in execution. If a deed is made by an | ||
executor, administrator, or guardian, the index entry must contain | ||
the name of that person and the name of the person's testator, | ||
intestate, or ward. If a deed is made by an attorney, the index | ||
entry must contain the name of the attorney and the attorney's | ||
constituents. If a deed is made by a commissioner or trustee, the | ||
index entry must contain the name of the commissioner or trustee and | ||
the name of the person whose estate is conveyed. The index entry | ||
for a correction instrument must contain the names of the grantors | ||
and grantees as stated in the correction instrument. The index | ||
entry for a finding of fact and conclusion of law entered under | ||
Section 5.0261, Property Code, must contain the names of the | ||
grantors and grantees as stated in the subject conveyance | ||
instrument or document. The index entry for a paper document | ||
described by Section 12.0011(b)(3), Property Code, must contain the | ||
names of the grantors and grantees. | ||
SECTION 3. This Act takes effect September 1, 2021. |