Bill Text: TX SB222 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the removal of certain discriminatory restrictions and provisions from certain real property records.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-03 - Referred to State Affairs [SB222 Detail]
Download: Texas-2021-SB222-Introduced.html
| 87R1649 BEE-D | ||
| By: Hughes | S.B. No. 222 | |
|
|
||
|
|
||
| relating to the removal of certain discriminatory restrictions and | ||
| provisions from certain real property records. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 5, Property Code, is | ||
| amended by adding Section 5.0265 to read as follows: | ||
| Sec. 5.0265. REMOVAL OF DISCRIMINATORY RESTRICTIONS OR | ||
| PROVISIONS FROM CERTAIN 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 or an interest in real | ||
| property may request, on a form developed under Subsection (d), | ||
| that the county clerk of a county in which all or part of the | ||
| property is located: | ||
| (1) remove from any instrument recorded in the | ||
| county's real property records a restriction, whether express or | ||
| incorporated by reference, that affects the property and that is | ||
| void under Section 5.026(a); or | ||
| (2) remove from the deed that conveyed the property or | ||
| the interest in the property a provision, whether express or | ||
| incorporated by reference, that is void under Section 5.026(a). | ||
| (c) Not later than the 30th day after the date a county clerk | ||
| receives a request under Subsection (b), the county clerk shall | ||
| determine whether the restriction or provision identified in the | ||
| request is void under Section 5.026(a) and: | ||
| (1) if the county clerk determines the restriction or | ||
| provision identified in the request is void under Section 5.026(a): | ||
| (A) remove the restriction from the instrument or | ||
| the provision from the deed, as applicable; and | ||
| (B) attach to the instrument or deed, as | ||
| applicable, a document stating that a restriction or provision | ||
| void under Section 5.026 has been removed from the instrument or | ||
| deed; or | ||
| (2) if the county clerk determines the restriction or | ||
| provision identified in the request is not void under Section | ||
| 5.026(a), notify the person who submitted the request that the | ||
| restriction or provision has not been removed. | ||
| (d) The attorney general shall develop the form required by | ||
| Subsection (b). The form must allow the person requesting the | ||
| removal of a restriction or provision under this section to | ||
| provide: | ||
| (1) the name of the owner of the property or interest | ||
| in the property that is the subject of the request; | ||
| (2) a description of the property sufficient for a | ||
| county clerk to identify the recorded instrument or deed that is the | ||
| subject of the request, including the address of the property, if | ||
| any; and | ||
| (3) the restriction or provision the owner believes is | ||
| void under Section 5.026(a). | ||
| (e) Each county clerk shall make the form developed under | ||
| Subsection (d) available on the county clerk's Internet website. | ||
| SECTION 2. Not later than December 1, 2021, the office of | ||
| the attorney general shall develop and make available to each | ||
| county clerk the form required by Section 5.0265(d), Property Code, | ||
| as added by this Act. | ||
| SECTION 3. (a) Except as provided by Subsection (b) of this | ||
| section, this Act takes effect January 1, 2022. | ||
| (b) Section 2 of this Act takes effect September 1, 2021. | ||
