86R15597 BEE-D
By: Wu, Button, Davis of Dallas, Farrar H.B. No. 4271
A BILL TO BE ENTITLED
AN ACT
relating to the redaction of an unconstitutional restriction from
an instrument conveying an interest in real property.
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. REDACTION OF UNCONSTITUTIONAL RESTRICTIONS.
(a) If a grantee of an instrument conveying an interest in real
property believes that a restriction in the instrument violates the
constitution of this state or of the United States, the grantee may
bring an action against the county in which the instrument is
recorded to request the redaction of the restriction from the
instrument.
(b) An action under Subsection (a) may be brought in the
county in which the instrument is recorded.
(c) If a court finds that a restriction provided for by an
instrument conveying an interest in real property violates the
constitution of this state or of the United States, the court shall
enter a written order that:
(1) identifies the instrument and the specific
language that the court finds violates the constitution of this
state or of the United States; and
(2) requires the county clerk to redact the
restriction from the instrument.
(d) On receipt of a written order from a judge issued under
Subsection (c), the county clerk shall redact from the instrument
identified by the order the specific language identified by the
order.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.