Texas 2021 - 87th Regular

Texas Senate Bill SB30 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 30
	1	+	87R20925 BEE-D
	2	+	By: West, et al. S.B. No. 30
	3	+	(Leach)
	4	+	Substitute the following for S.B. No. 30: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the removal of certain discriminatory provisions from a
6		-	recorded conveyance instrument.
	10	+	recorded conveyance instrument or document.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. This Act shall be known as the Senator Royce West
9		-	Act.
10		-	SECTION 2. Subchapter B, Chapter 5, Property Code, is
	12	+	SECTION 1. Subchapter B, Chapter 5, Property Code, is
11	13		amended by adding Section 5.0261 to read as follows:
12	14		Sec. 5.0261. REMOVAL OF DISCRIMINATORY PROVISION FROM
13		-	RECORDED CONVEYANCE INSTRUMENT. (a) In this section,
	15	+	RECORDED CONVEYANCE INSTRUMENT OR DOCUMENT. (a) In this section,
14	16		"discriminatory provision" means a restriction or provision that is
15	17		void under Section 5.026(a).
16	18		(b) A person who owns real property or an interest in real
17	19		property the chain of title for which includes a recorded
18		-	conveyance instrument containing a discriminatory provision, or
19		-	another person with the permission of the owner, may request the
20		-	removal of the discriminatory provision from the instrument by
21		-	completing and filing, with the clerk of a district court in the
22		-	county in whose real property records the instrument is recorded or
23		-	of another court having jurisdiction over real property matters in
24		-	the county, a motion, verified by affidavit by a completed form for
25		-	ordinary certificate of acknowledgment of the same type described
26		-	by Section 121.007, Civil Practice and Remedies Code, that
27		-	contains, at a minimum, the information in the following suggested
28		-	form:
	20	+	conveyance instrument or document containing a discriminatory
	21	+	provision may request the removal of the discriminatory provision
	22	+	from the instrument or document by completing and filing, with the
	23	+	clerk of a district court in the county in whose real property
	24	+	records the instrument or document is recorded or of another court
	25	+	having jurisdiction over real property matters in the county, a
	26	+	motion, verified by affidavit by a completed form for ordinary
	27	+	certificate of acknowledgment of the same type described by Section
	28	+	121.007, Civil Practice and Remedies Code, that contains, at a
	29	+	minimum, the information in the following suggested form:
29	30		MISC. DOCKET NO. ______
30	31		In Re: Conveyance InstrumentIn the ______ Judicial District
31	32		with DiscriminatoryIn and For ___________________
32	33		Provision County, Texas
33		-	Motion for Judicial Review of Conveyance Instrument ~~Alleged to~~
34		-	Contain a Discriminatory Provision as Defined by Section ~~5.0261(a),~~
35		-	Texas Property Code
	34	+	Motion for Judicial Review of Conveyance Instrument or Document
	35	+	Alleged to Contain a Discriminatory Provision as Defined by Section
	36	+	5.0261(a), Texas Property Code
36	37		Now Comes (name) and files this motion requesting a judicial
37		-	determination of the status of a conveyance instrument ~~that~~
38		-	contains a discriminatory provision as defined by Section
	38	+	determination of the status of a conveyance instrument or document
	39	+	that contains a discriminatory provision as defined by Section
39	40		5.0261(a), Texas Property Code, filed in the office of the Clerk of
40	41		(county name) County, Texas, and in support of the motion would show
41	42		the court as follows:
42	43		I.
43	44		(Name), movant herein, is the person who owns the real
44	45		property or the interest in real property described in the
45		-	conveyance instrument or has been given permission by that person
46		-	to file this motion.
	46	+	conveyance instrument or document.
47	47		II.
48	48		On (date), in the exercise of the county clerk's official
49	49		duties as County Clerk of (county name) County, Texas, the county
50		-	clerk received and filed and recorded the conveyance instrument
51		-	attached hereto and containing (number) pages. The instrument is
52		-	recorded at _______ in the real property records of _______ County.
53		-	The conveyance instrument contains a discriminatory provision as
54		-	defined by Section 5.0261(a), Texas Property Code.
	50	+	clerk received and filed and recorded the conveyance instrument or
	51	+	document attached hereto and containing (number) pages. The
	52	+	instrument is recorded at _______ in the real property records of
	53	+	_______ County. The conveyance instrument or document contains a
	54	+	discriminatory provision as defined by Section 5.0261(a), Texas
	55	+	Property Code.
55	56		III.
56		-	Movant alleges that the conveyance instrument ~~attached~~
57		-	hereto contains a discriminatory provision as defined by ~~Section~~
58		-	5.0261(a), Texas Property Code, and that the discriminatory
	57	+	Movant alleges that the conveyance instrument or document
	58	+	attached hereto contains a discriminatory provision as defined by
	59	+	Section 5.0261(a), Texas Property Code, and that the discriminatory
59	60		provision should be removed.
60	61		IV.
61	62		Movant attests that assertions herein are true and correct.
62	63		V.
63	64		PRAYER
64	65		Movant requests the court to review the attached conveyance
65		-	instrument and enter an order removing the discriminatory provision
66		-	as defined by Section 5.0261(a), Texas Property Code, together with
67		-	such other orders as the court deems appropriate.
	66	+	instrument or document and enter an order removing the
	67	+	discriminatory provision as defined by Section 5.0261(a), Texas
	68	+	Property Code, together with such other orders as the court deems
	69	+	appropriate.
68	70		Respectfully submitted,
69	71		_________________________
70	72		(Signature and typed name and address)
71	73		(c) The completed form for ordinary certificate of
72	74		acknowledgment, of the same type described by Section 121.007,
73	75		Civil Practice and Remedies Code, must be as follows:
74	76		AFFIDAVIT
75	77		THE STATE OF TEXAS
76	78		COUNTY OF ______________
77	79		BEFORE ME, the undersigned authority, personally appeared
78	80		_____________, who, being by me duly sworn, deposed as follows:
79	81		"My name is _________________. I am over 21 years of age, of
80	82		sound mind, with personal knowledge of the following facts, and
81	83		fully competent to testify.
82	84		I further attest that the assertions contained in the
83	85		accompanying motion are true and correct."
84	86		Further affiant sayeth not.
85	87		_____________________________
86	88		SUBSCRIBED and SWORN TO before
87	89		me, this _____ day of ________,
88	90		_____.
89	91		_____________________________
90	92		NOTARY PUBLIC, State of Texas
91	93		Notary's printed name:
92	94		_____________________________
93	95		My commission expires:
94	96		_____________________________
95	97		_____________________________
96	98		(d) A motion under this section may be ruled on by a court
97	99		having jurisdiction over real property matters in the county where
98		-	the subject ~~conveyance instrument~~ was filed. The court's finding
99		-	~~may be made~~ solely on a review of the conveyance instrument ~~attached~~
100		-	to the motion and without hearing any testimonial ~~evidence. The~~
101		-	court's review may be made ex parte without delay or ~~notice of any~~
102		-	kind. If the court does not rule on the motion on or ~~before the 15th~~
103		-	day after the date the motion is filed, the motion ~~is deemed~~
104		-	granted. An appellate court shall expedite review of a ~~court's~~
105		-	finding under this section.
	100	+	the subject document was filed. The court's finding may be made
	101	+	solely on a review of the conveyance instrument or document
	102	+	attached to the motion and without hearing any testimonial
	103	+	evidence. The court's review may be made ex parte without delay or
	104	+	notice of any kind. If the court does not rule on the motion on or
	105	+	before the 15th day after the date the motion is filed, the motion
	106	+	is deemed granted. An appellate court shall expedite review of a
	107	+	court's finding under this section.
106	108		(e) A court clerk may not collect a filing fee for filing a
107	109		motion under this section.
108		-	(f) After reviewing the conveyance instrument ~~attached to a~~
109		-	motion filed under this section, the court shall enter an
110		-	appropriate finding of fact and conclusion of law.
	110	+	(f) After reviewing the conveyance instrument or document
	111	+	attached to a motion filed under this section, the court shall enter
	112	+	an appropriate finding of fact and conclusion of law.
111	113		(g) The court's finding of fact and conclusion of law must
112	114		be:
113	115		(1) transferred by the court clerk to the county clerk
114	116		for recording and indexing not later than the 10th day after the
115	117		date the finding of fact and conclusion of law is entered by the
116	118		court or deemed granted under Subsection (d); and
117	119		(2) filed and indexed by the county clerk in the same
118		-	class of records in which the subject conveyance instrument is
119		-	filed.
	120	+	class of records in which the subject conveyance instrument or
	121	+	document is filed.
120	122		(h) The county clerk may not collect a fee for filing a
121	123		court's finding of fact and conclusion of law under this section.
122	124		(i) A suggested form of order appropriate to comply with
123	125		Subsection (f) is as follows:
124	126		MISC. DOCKET NO. ______
125	127		In Re: Conveyance InstrumentIn the ______ Judicial District
126	128		with Discriminatory In and For ___________________
127	129		Provision County, Texas
128	130		Judicial Finding of Fact and Conclusion of Law Regarding Conveyance
129		-	Instrument Alleged to Contain a Discriminatory ~~Provision as Defined~~
130		-	by Section 5.0261(a), Texas Property Code
	131	+	Instrument or Document Alleged to Contain a Discriminatory
	132	+	Provision as Defined by Section 5.0261(a), Texas Property Code
131	133		On the (number) day of (month), (year), in the above entitled
132	134		and numbered cause, this court reviewed a motion, verified by
133		-	affidavit, of (name) and the conveyance instrument ~~attached~~
134		-	thereto. No testimony was taken from any party, nor was ~~there any~~
135		-	notice of the court's review, the court having made the
	135	+	affidavit, of (name) and the conveyance instrument or document
	136	+	attached thereto. No testimony was taken from any party, nor was
	137	+	there any notice of the court's review, the court having made the
136	138		determination that a decision could be made solely on review of the
137		-	conveyance instrument under the authority vested in the ~~court under~~
138		-	Section 5.0261, Texas Property Code.
	139	+	conveyance instrument or document under the authority vested in the
	140	+	court under Section 5.0261, Texas Property Code.
139	141		The court finds as follows (only an item checked and
140	142		initialed is a valid court ruling):
141		-	_______ The conveyance instrument recorded at ______ in the
142		-	real property records of ______ County CONTAINS a discriminatory
143		-	provision as defined by Section 5.0261(a), Texas Property Code. The
	143	+	_______ The conveyance instrument or document recorded at
	144	+	______ in the real property records of ______ County CONTAINS a
144	145		discriminatory provision as defined by Section 5.0261(a), Texas
145		-	Property Code, is void and removed from the conveyance instrument
146		-	identified herein.
147		-	_______ The conveyance instrument recorded at ______ in the
148		-	real property records of ______ County and attached to the motion
149		-	herein DOES NOT CONTAIN a discriminatory provision as defined by
150		-	Section 5.0261(a), Texas Property Code.
	146	+	Property Code. The discriminatory provision as defined by Section
	147	+	5.0261(a), Texas Property Code, is void and removed from the
	148	+	conveyance instrument or document identified herein.
	149	+	_______ The conveyance instrument or document recorded at
	150	+	______ in the real property records of ______ County and attached
	151	+	to the motion herein DOES NOT CONTAIN a discriminatory provision as
	152	+	defined by Section 5.0261(a), Texas Property Code.
151	153		This court expressly limits its finding of fact and
152	154		conclusion of law to the review of a ministerial act. The county
153	155		clerk shall file this finding of fact and conclusion of law in the
154		-	same class of records in which the subject conveyance instrument is
155		-	filed, and the court directs the county clerk to index it using the
156		-	same names used to index the subject conveyance instrument.
	156	+	same class of records in which the subject conveyance instrument or
	157	+	document is filed, and the court directs the county clerk to index
	158	+	it using the same names used to index the subject conveyance
	159	+	instrument or document.
157	160		SIGNED ON THIS THE ________ DAY OF ____________________.
158	161		_______________________________
159	162		JUDGE
160	163		________ (Court)
161	164		_____________ COUNTY, TEXAS
162		-	SECTION 3. Sections 193.003(a) and (b), Local Government
	165	+	SECTION 2. Sections 193.003(a) and (b), Local Government
163	166		Code, are amended to read as follows:
164	167		(a) The county clerk shall maintain an alphabetical index to
165	168		all recorded deeds, powers of attorney, mortgages, correction
166	169		instruments, findings of fact and conclusions of law entered under
167	170		Section 5.0261, Property Code, and other instruments relating to
168	171		real property. The index must state the specific location in the
169	172		records at which the instruments are recorded.
170	173		(b) The index must be a cross-index that contains the names
171	174		of the grantors and grantees in alphabetical order. If a deed is
172	175		made by a sheriff, the index entry must contain the name of the
173	176		sheriff and the defendant in execution. If a deed is made by an
174	177		executor, administrator, or guardian, the index entry must contain
175	178		the name of that person and the name of the person's testator,
176	179		intestate, or ward. If a deed is made by an attorney, the index
177	180		entry must contain the name of the attorney and the attorney's
178	181		constituents. If a deed is made by a commissioner or trustee, the
179	182		index entry must contain the name of the commissioner or trustee and
180	183		the name of the person whose estate is conveyed. The index entry
181	184		for a correction instrument must contain the names of the grantors
182	185		and grantees as stated in the correction instrument. The index
183	186		entry for a finding of fact and conclusion of law entered under
184	187		Section 5.0261, Property Code, must contain the names of the
185	188		grantors and grantees as stated in the subject conveyance
186		-	instrument. The index entry for a paper document described by
187		-	Section 12.0011(b)(3), Property Code, must contain the names of the
188		-	grantors and grantees.
189		-	SECTION 4. This Act takes effect September 1, 2021.
190		-	______________________________ ______________________________
191		-	President of the Senate Speaker of the House
192		-	I hereby certify that S.B. No. 30 passed the Senate on
193		-	March 31, 2021, by the following vote: Yeas 31, Nays 0; and that
194		-	the Senate concurred in House amendments on May 28, 2021, by the
195		-	following vote: Yeas 31, Nays 0.
196		-	______________________________
197		-	Secretary of the Senate
198		-	I hereby certify that S.B. No. 30 passed the House, with
199		-	amendments, on May 25, 2021, by the following vote: Yeas 146,
200		-	Nays 0, one present not voting.
201		-	______________________________
202		-	Chief Clerk of the House
203		-	Approved:
204		-	______________________________
205		-	Date
206		-	______________________________
207		-	Governor
	189	+	instrument or document. The index entry for a paper document
	190	+	described by Section 12.0011(b)(3), Property Code, must contain the
	191	+	names of the grantors and grantees.
	192	+	SECTION 3. This Act takes effect September 1, 2021.