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A BILL TO BE ENTITLED
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AN ACT
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relating to the redaction of an unconstitutional restriction from |
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an instrument conveying an interest in real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 11, Property Code, is amended by adding |
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Section 11.009 to read as follows: |
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Sec. 11.009. REDACTION OF UNCONSTITUTIONAL RESTRICTIONS. |
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(a) If a grantee of an instrument conveying an interest in real |
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property believes that a restriction in the instrument violates the |
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constitution of this state or of the United States, the grantee may |
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bring an action against the county in which the instrument is |
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recorded to request the redaction of the restriction from the |
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instrument. |
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(b) An action under Subsection (a) may be brought in the |
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county in which the instrument is recorded. |
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(c) If a court finds that a restriction provided for by an |
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instrument conveying an interest in real property violates the |
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constitution of this state or of the United States, the court shall |
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enter a written order that: |
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(1) identifies the instrument and the specific |
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language that the court finds violates the constitution of this |
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state or of the United States; and |
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(2) requires the county clerk to redact the |
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restriction from the instrument. |
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(d) On receipt of a written order from a judge issued under |
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Subsection (c), the county clerk shall redact from the instrument |
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identified by the order the specific language identified by the |
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order. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |