Texas 2021 - 87th Regular

Texas Senate Bill SB222 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1649 BEE-D
2	2	By: Hughes S.B. No. 222
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the removal of certain discriminatory restrictions and
8	8	provisions from certain real property records.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 5, Property Code, is
11	11	amended by adding Section 5.0265 to read as follows:
12	12	Sec. 5.0265. REMOVAL OF DISCRIMINATORY RESTRICTIONS OR
13	13	PROVISIONS FROM CERTAIN REAL PROPERTY RECORDS. (a) To the extent of
14	14	any conflict between this section and other law, this section
15	15	prevails.
16	16	(b) An owner of real property or an interest in real
17	17	property may request, on a form developed under Subsection (d),
18	18	that the county clerk of a county in which all or part of the
19	19	property is located:
20	20	(1) remove from any instrument recorded in the
21	21	county's real property records a restriction, whether express or
22	22	incorporated by reference, that affects the property and that is
23	23	void under Section 5.026(a); or
24	24	(2) remove from the deed that conveyed the property or
25	25	the interest in the property a provision, whether express or
26	26	incorporated by reference, that is void under Section 5.026(a).
27	27	(c) Not later than the 30th day after the date a county clerk
28	28	receives a request under Subsection (b), the county clerk shall
29	29	determine whether the restriction or provision identified in the
30	30	request is void under Section 5.026(a) and:
31	31	(1) if the county clerk determines the restriction or
32	32	provision identified in the request is void under Section 5.026(a):
33	33	(A) remove the restriction from the instrument or
34	34	the provision from the deed, as applicable; and
35	35	(B) attach to the instrument or deed, as
36	36	applicable, a document stating that a restriction or provision
37	37	void under Section 5.026 has been removed from the instrument or
38	38	deed; or
39	39	(2) if the county clerk determines the restriction or
40	40	provision identified in the request is not void under Section
41	41	5.026(a), notify the person who submitted the request that the
42	42	restriction or provision has not been removed.
43	43	(d) The attorney general shall develop the form required by
44	44	Subsection (b). The form must allow the person requesting the
45	45	removal of a restriction or provision under this section to
46	46	provide:
47	47	(1) the name of the owner of the property or interest
48	48	in the property that is the subject of the request;
49	49	(2) a description of the property sufficient for a
50	50	county clerk to identify the recorded instrument or deed that is the
51	51	subject of the request, including the address of the property, if
52	52	any; and
53	53	(3) the restriction or provision the owner believes is
54	54	void under Section 5.026(a).
55	55	(e) Each county clerk shall make the form developed under
56	56	Subsection (d) available on the county clerk's Internet website.
57	57	SECTION 2. Not later than December 1, 2021, the office of
58	58	the attorney general shall develop and make available to each
59	59	county clerk the form required by Section 5.0265(d), Property Code,
60	60	as added by 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.