| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | By: Leach H.B. No. 2591 | |
| 2 | 2 | ||
| 3 | 3 | ||
| 4 | 4 | A BILL TO BE ENTITLED | |
| 5 | 5 | AN ACT | |
| 6 | 6 | relating to the removal of certain unconstitutional provisions from | |
| 7 | 7 | real property records. | |
| 8 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 9 | 9 | SECTION 1. Chapter 11, Property Code, is amended by adding | |
| 10 | 10 | Section 11.009 to read as follows: | |
| 11 | 11 | Sec. 11.009. REMOVAL OF UNCONSTITUTIONAL PROVISIONS FROM | |
| 12 | 12 | REAL PROPERTY RECORDS. (a) To the extent of any conflict between | |
| 13 | 13 | this section and other law, this section prevails. | |
| 14 | 14 | (b) An owner of real property may petition to remove from a | |
| 15 | 15 | recorded instrument affecting or conveying an interest in the | |
| 16 | 16 | property a provision that: | |
| 17 | 17 | (1) violates the United States Constitution; | |
| 18 | 18 | (2) is unenforceable under law; and | |
| 19 | 19 | (3) is unambiguously discriminatory. | |
| 20 | 20 | (c) A petition under this section must be filed in a | |
| 21 | 21 | district court of the county in which the instrument is recorded. | |
| 22 | 22 | (d) A court may not charge a fee for filing a petition under | |
| 23 | 23 | this section. | |
| 24 | 24 | (e) On finding that a provision identified in a petition | |
| 25 | 25 | under this section satisfies the criteria under Subsection (b), the | |
| 26 | 26 | court shall enter a judgment ordering the county clerk to remove the | |
| 27 | 27 | provision from the recorded instrument. | |
| 28 | 28 | SECTION 2. This Act takes effect September 1, 2021. |