Texas 2021 - 87th Regular

Texas Senate Bill SB30

Caption

Relating to the removal of certain discriminatory provisions from a recorded conveyance instrument.

Impact

The passage of SB30 would lead to significant changes in how recorded property instruments are managed within the state. Specifically, it allows property owners, or those authorized on their behalf, to file motions in court seeking to eliminate restrictions based on discriminatory provisions. This not only aids in correcting inaccuracies in property records but also aligns Texas property laws more closely with contemporary views on fairness and inclusion. The absence of filing fees for these motions reduces financial barriers, making the legal process more accessible.

Summary

SB30, also known as the Senator Royce West Act, focuses on removing certain discriminatory provisions historically embedded within recorded conveyance instruments in Texas. By introducing a streamlined process for property owners to request the removal of these discriminatory provisions, the bill aims to promote equity and rectify the vestiges of discriminatory practices within property law. The bill provides a legal framework that enables individuals who hold ownership interests in real property to petition for the removal of provisions that have been deemed void under established Texas laws.

Sentiment

The sentiment around SB30 appears overwhelmingly positive, with unanimous support reflected in both the Senate and House votes. Advocates for the bill believe it is a vital measure that contributes to rectifying historical injustices associated with property ownership. Many legislators view it as a step forward in promoting inclusivity and ensuring that Texas laws do not harbor remnants of systematic discrimination. Despite this positive outlook, there may be concerns regarding the practical implementation of the bill and ensuring property owners are aware of their new rights.

Contention

While there is broad support, the bill could face challenges regarding public awareness and the judicial process's efficiency in handling these requests. Concerns may arise about the potential for inconsistent applications of the law across different jurisdictions, as local courts will have the discretion to evaluate the petitions submitted. Despite these potential hurdles, proponents argue that the overall benefits of enabling property owners to eradicate discriminatory provisions significantly outweigh the challenges.

Companion Bills

TX SB222

Same As Relating to the removal of certain discriminatory restrictions and provisions from certain real property records.

Similar Bills

TX SB754

Relating to the amendment of a dedicatory instrument to remove a discriminatory provision.

TX SB602

Relating to the amendment of a dedicatory instrument to remove a discriminatory provision.

TX HB1202

Relating to the amendment of a dedicatory instrument to remove a discriminatory provision.

HI SB31

Relating To Property.

NM HB114

Ban Discriminatory Restrictive Covenants

TX SB222

Relating to the removal of certain discriminatory restrictions and provisions from certain real property records.

CA AB446

Discrimination: housing: victims of domestic violence.

CA SB1427

Discrimination: veteran or military status.