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  87R20925 BEE-D
 
  By: West, et al. S.B. No. 30
 
  (Leach)
 
  Substitute the following for S.B. No. 30:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.