Texas House Bill HB1483

Texas 2021 - 87th Regular

Caption

Relating to the redaction of an unconstitutional restriction from an instrument conveying an interest in real property.

Impact

The bill would amend Chapter 11 of the Texas Property Code by adding Section 11.009, which provides a formal procedure for grantees to request redaction. This means that if a restriction is deemed unconstitutional by a court, the county clerk would be obligated to remove the offending language from official property documents. This modification is significant as it directly impacts the way property titles are managed and could lead to a more streamlined process for correcting past legal errors regarding property ownership and use.

Summary

House Bill 1483 aims to address unconstitutional restrictions placed on real property in Texas. The bill allows a grantee—someone who receives property through a deed—to challenge any restrictions in the property instrument that they believe violate either the state or federal constitution. By doing so, the bill seeks to simplify the process for property owners to clear any unconstitutional language from property instruments, thus protecting their property rights and ensuring compliance with constitutional standards.

Contention

While the bill proposes a practical solution to a legal issue, it may raise concerns over the potential implications for current practices in property transactions and titles. Critics might argue that allowing grantees to challenge restrictions could lead to increased legal disputes or confusion regarding property rights. Furthermore, there may be concerns about the adequacy of the criteria used to determine what constitutes an unconstitutional restriction and how that affects the integrity of property titles across the state.