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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of certain discriminatory restrictions and |
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provisions from certain real property records. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 5, Property Code, is |
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amended by adding Section 5.0265 to read as follows: |
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Sec. 5.0265. REMOVAL OF DISCRIMINATORY RESTRICTIONS OR |
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PROVISIONS FROM CERTAIN REAL PROPERTY RECORDS. (a) To the extent |
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of any conflict between this section and other law, this section |
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prevails. |
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(b) An owner of real property or an interest in real |
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property may request, on a form developed under Subsection (d), |
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that the county clerk of a county in which all or part of the |
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property is located: |
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(1) remove from any instrument recorded in the |
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county's real property records a restriction, whether express or |
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incorporated by reference, that affects the property and that is |
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void under Section 5.026(a); or |
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(2) remove from the deed that conveyed the property or |
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the interest in the property a provision, whether express or |
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incorporated by reference, that is void under Section 5.026(a). |
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(c) Not later than the 30th day after the date a county clerk |
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receives a request under Subsection (b), the county clerk shall |
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determine whether the restriction or provision identified in the |
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request is void under Section 5.026(a) and: |
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(1) if the county clerk determines the restriction or |
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provision identified in the request is void under Section 5.026(a): |
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(A) remove the restriction from the instrument or |
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the provision from the deed, as applicable; and |
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(B) attach to the instrument or deed, as |
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applicable, a document stating that a restriction or provision void |
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under Section 5.026 has been removed from the instrument or deed; or |
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(2) if the county clerk determines the restriction or |
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provision identified in the request is not void under Section |
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5.026(a), notify the person who submitted the request that the |
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restriction or provision has not been removed. |
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(d) The attorney general shall develop the form required by |
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Subsection (b). The form must allow the person requesting the |
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removal of a restriction or provision under this section to |
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provide: |
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(1) the name of the owner of the property or interest |
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in the property that is the subject of the request; |
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(2) a description of the property sufficient for a |
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county clerk to identify the recorded instrument or deed that is the |
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subject of the request, including the address of the property, if |
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any; and |
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(3) the restriction or provision the owner believes is |
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void under Section 5.026(a). |
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(e) Each county clerk shall make the form developed under |
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Subsection (d) available on the county clerk's Internet website. |
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SECTION 2. Not later than December 1, 2021, the office of |
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the attorney general shall develop and make available to each |
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county clerk the form required by Section 5.0265(d), Property Code, |
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as added by this Act. |
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SECTION 3. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect January 1, 2022. |
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(b) Section 2 of this Act takes effect September 1, 2021. |