| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the removal of certain unconstitutional provisions from |
|
|
real property records. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 11, Property Code, is amended by adding |
|
|
Section 11.009 to read as follows: |
|
|
Sec. 11.009. REMOVAL OF UNCONSTITUTIONAL PROVISIONS FROM |
|
|
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 may petition to remove from a |
|
|
recorded instrument affecting or conveying an interest in the |
|
|
property a provision that: |
|
|
(1) violates the United States Constitution; |
|
|
(2) is unenforceable under law; and |
|
|
(3) is unambiguously discriminatory. |
|
|
(c) A petition under this section must be filed in a |
|
|
district court of the county in which the instrument is recorded. |
|
|
(d) A court may not charge a fee for filing a petition under |
|
|
this section. |
|
|
(e) On finding that a provision identified in a petition |
|
|
under this section satisfies the criteria under Subsection (b), the |
|
|
court shall enter a judgment ordering the county clerk to remove the |
|
|
provision from the recorded instrument. |
|
|
SECTION 2. This Act takes effect September 1, 2021. |