Texas House Bill HB4255

Texas 2021 - 87th Regular

Caption

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

Impact

The enactment of HB4255 would have significant implications for real property laws in Texas, particularly regarding the transparency and legitimacy of property transactions. By enabling property owners to eliminate unconstitutional provisions from their records, the bill seeks to promote fairness and equity in property rights. This move is expected to strengthen legal protections against discrimination in property contracts, reflecting a broader commitment to civil rights.

Summary

House Bill 4255 aims to address and remove unconstitutional provisions from real property records in Texas. Specifically, it allows property owners to request the removal of recorded provisions that are deemed to violate the United States Constitution, are unenforceable, or are unambiguously discriminatory. The bill mandates that county clerks develop a form to facilitate these requests and ensures that there are no associated fees for filing.

Contention

Debate surrounding HB4255 may arise from those concerned about the potential administrative burden placed on county clerks tasked with processing these requests. Some may argue that this could lead to increased workload without additional resources, impacting the efficiency of county records offices. Moreover, the criteria for removing provisions could spark discussions about the definition of what constitutes 'unconstitutional' and who determines it, leading to varied interpretations across different jurisdictions.