Texas House Bill HB485

Texas 2021 - 87th Regular

Caption

Relating to the removal of certain unconstitutional provisions from real property records.

Impact

If enacted, HB 485 would streamline the process for property owners in Texas to challenge and eliminate unconstitutional references in property documentation. This can enhance the integrity of property records and ensure compliance with constitutional mandates. The bill emphasizes the importance of aligning local property records with federal judicial standards, thereby creating a mechanism for removing outdated or illegally discriminatory clauses that may have been recorded historically.

Summary

House Bill 485 seeks to amend the Property Code by introducing a process for property owners to remove provisions from real property records that are deemed unconstitutional. This initiative is primarily aimed at provisions that violate the United States Constitution, are unenforceable under state law, or are unambiguously discriminatory in nature. Property owners may file petitions in district court to seek the removal of such provisions without being charged a filing fee. The overarching aim is to ensure that property records do not contain provisions that undermine constitutional rights or discriminate against individuals.

Contention

One notable point of contention surrounding HB 485 could lie in how the bill balances the rights of property owners with the legal complexities of established property law. Critics might argue that while the intent to remove unconstitutional provisions is commendable, the implementation could lead to disputes over what constitutes 'discriminatory' language and how courts interpret such provisions. Moreover, there may be apprehension regarding the potential flood of petitions and how courts will handle these claims, particularly in jurisdictions where there may be a significant backlog of cases. Proponents, on the other hand, may indicate this is a necessary step to uphold constitutional rights against outdated discriminatory practices.