| 1 | 1 | | 87R10189 BEE-D |
|---|
| 2 | 2 | | By: Morales Shaw H.B. No. 4255 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the removal of certain unconstitutional provisions from |
|---|
| 8 | 8 | | real property records. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 11, Property Code, is amended by adding |
|---|
| 11 | 11 | | Section 11.009 to read as follows: |
|---|
| 12 | 12 | | Sec. 11.009. REMOVAL OF UNCONSTITUTIONAL PROVISIONS FROM |
|---|
| 13 | 13 | | REAL PROPERTY RECORDS. (a) To the extent of any conflict between |
|---|
| 14 | 14 | | this section and other law, this section prevails. |
|---|
| 15 | 15 | | (b) An owner of real property may request, on a form |
|---|
| 16 | 16 | | developed under Subsection (e), that the county clerk of a county in |
|---|
| 17 | 17 | | which all or part of the property is located remove from a recorded |
|---|
| 18 | 18 | | instrument affecting or conveying an interest in the property a |
|---|
| 19 | 19 | | provision that: |
|---|
| 20 | 20 | | (1) violates the United States Constitution; |
|---|
| 21 | 21 | | (2) is unenforceable under law; and |
|---|
| 22 | 22 | | (3) is unambiguously discriminatory. |
|---|
| 23 | 23 | | (c) A county clerk may not charge a fee for filing a request |
|---|
| 24 | 24 | | under this section. |
|---|
| 25 | 25 | | (d) Not later than the 30th day after the date a county clerk |
|---|
| 26 | 26 | | receives a request under Subsection (b), the county clerk shall |
|---|
| 27 | 27 | | determine whether the provision identified in the request satisfies |
|---|
| 28 | 28 | | the requirements of Subsection (b) and: |
|---|
| 29 | 29 | | (1) if the county clerk determines the provision |
|---|
| 30 | 30 | | identified in the request satisfies the requirements of Subsection |
|---|
| 31 | 31 | | (b): |
|---|
| 32 | 32 | | (A) shall remove the provision from the |
|---|
| 33 | 33 | | instrument; and |
|---|
| 34 | 34 | | (B) shall attach to the instrument a document |
|---|
| 35 | 35 | | stating that a provision that satisfies the requirements of |
|---|
| 36 | 36 | | Subsection (b) has been removed from the instrument; or |
|---|
| 37 | 37 | | (2) if the county clerk determines the provision |
|---|
| 38 | 38 | | identified in the request does not satisfy the requirements of |
|---|
| 39 | 39 | | Subsection (b), notify the person who submitted the request that |
|---|
| 40 | 40 | | the provision has not been removed. |
|---|
| 41 | 41 | | (e) The supreme court shall develop the form required by |
|---|
| 42 | 42 | | Subsection (b). The form must allow the person requesting the |
|---|
| 43 | 43 | | removal of a provision under this section to provide: |
|---|
| 44 | 44 | | (1) the name of the owner of the property that is the |
|---|
| 45 | 45 | | subject of the request; |
|---|
| 46 | 46 | | (2) a description of the property sufficient for a |
|---|
| 47 | 47 | | county clerk to identify the recorded instrument that is the |
|---|
| 48 | 48 | | subject of the request, including the address of the property, if |
|---|
| 49 | 49 | | any; and |
|---|
| 50 | 50 | | (3) the provision the owner believes satisfies the |
|---|
| 51 | 51 | | requirements of Subsection (b). |
|---|
| 52 | 52 | | (f) Each county clerk shall make: |
|---|
| 53 | 53 | | (1) the form developed under Subsection (e) available |
|---|
| 54 | 54 | | on the county clerk's Internet website; and |
|---|
| 55 | 55 | | (2) copies of the form developed under Subsection (e) |
|---|
| 56 | 56 | | available on request from the county clerk's office. |
|---|
| 57 | 57 | | SECTION 2. Not later than December 1, 2021, the Texas |
|---|
| 58 | 58 | | Supreme Court shall develop and make available to each county clerk |
|---|
| 59 | 59 | | the form required by Section 11.009(e), Property Code, as added by |
|---|
| 60 | 60 | | this Act. |
|---|
| 61 | 61 | | SECTION 3. (a) Except as provided by Subsection (b) of this |
|---|
| 62 | 62 | | section, this Act takes effect January 1, 2022. |
|---|
| 63 | 63 | | (b) Section 2 of this Act takes effect September 1, 2021. |
|---|