Texas Senate Bill SB214

Texas 2021 - 87th Regular

Caption

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

Impact

The proposed impact of SB214 would be substantial for owners of real property, enabling them to address and rectify potentially harmful provisions in their property records without facing legal fees. By stipulating that no fees should be charged for filing such petitions, the bill seeks to ensure access and alleviate barriers for property owners who wish to challenge discriminatory practices recorded in the past.

Summary

SB214 aims to provide a legal mechanism for removing certain unconstitutional provisions from real property records in Texas. The bill specifically allows property owners to petition for the removal of any property deed or interest that includes clauses deemed to violate the U.S. Constitution or that are unambiguously discriminatory. This measure is significant as it seeks to clear recorded property instruments of outdated or prejudicial language, fostering a more equitable property ownership landscape.

Contention

Notable points of contention surrounding SB214 may arise regarding the definitions of 'unconstitutional' and 'discriminatory'. There may be debates about what constitutes an enforceable provision and the standards that courts should apply when determining the validity of claims made under this bill. Additionally, stakeholders may have differing views on the implications of this corrective measure—while some advocate for its necessity in promoting equity, others may raise concerns about the extensive implications for existing property rights and titles.