Texas Senate Bill SB602

Texas 2021 - 87th Regular

Caption

Relating to the amendment of a dedicatory instrument to remove a discriminatory provision.

Impact

The passage of SB602 is set to have a significant impact on property laws in Texas by facilitating the removal of outdated and discriminatory provisions that may hinder fair housing practices. By enabling a clear method for property owners and associations to alter these covenants, the bill provides a path toward more inclusive community standards. It encourages property owners to actively engage in the governance of their communities and modernize regulations that may reflect historical prejudices.

Summary

SB602 aims to amend the Texas Property Code by establishing a specific procedure for removing discriminatory provisions from dedicatory instruments. These provisions, which prohibit the sale, lease, or transfer of real estate based on race, color, religion, or national origin, are rendered void under existing law. The bill introduces a new chapter that outlines how property owners' associations and individual owners can effectively amend dedicatory instruments to eliminate such discriminatory clauses.

Contention

While the bill seeks to address long-standing issues of discrimination in property ownership, it is expected to encounter resistance or disagreement regarding how amendments are approved and enforced. The requirement for a majority vote from the governing bodies of property owners' associations or at least 10% support from owners raises questions about how effectively they will be able to gather necessary support to enact changes. Critics might argue that this could lead to potential conflicts within communities as well as pushback from those who may prefer to maintain existing restrictive covenants.