S.B. No. 30
AN ACT
relating to the removal of certain discriminatory provisions from a
recorded conveyance instrument.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Senator Royce West
Act.
SECTION 2. Subchapter B, Chapter 5, Property Code, is
amended by adding Section 5.0261 to read as follows:
Sec. 5.0261. REMOVAL OF DISCRIMINATORY PROVISION FROM
RECORDED CONVEYANCE INSTRUMENT. (a) In this section,
"discriminatory provision" means a restriction or provision that is
void under Section 5.026(a).
(b) A person who owns real property or an interest in real
property the chain of title for which includes a recorded
conveyance instrument containing a discriminatory provision, or
another person with the permission of the owner, may request the
removal of the discriminatory provision from the instrument by
completing and filing, with the clerk of a district court in the
county in whose real property records the instrument is recorded or
of another court having jurisdiction over real property matters in
the county, a motion, verified by affidavit by a completed form for
ordinary certificate of acknowledgment of the same type described
by Section 121.007, Civil Practice and Remedies Code, that
contains, at a minimum, the information in the following suggested
form:
MISC. DOCKET NO. ______
In Re: Conveyance InstrumentIn the ______ Judicial District
with DiscriminatoryIn and For ___________________
Provision County, Texas
Motion for Judicial Review of Conveyance Instrument Alleged to
Contain a Discriminatory Provision as Defined by Section 5.0261(a),
Texas Property Code
Now Comes (name) and files this motion requesting a judicial
determination of the status of a conveyance instrument that
contains a discriminatory provision as defined by Section
5.0261(a), Texas Property Code, filed in the office of the Clerk of
(county name) County, Texas, and in support of the motion would show
the court as follows:
I.
(Name), movant herein, is the person who owns the real
property or the interest in real property described in the
conveyance instrument or has been given permission by that person
to file this motion.
II.
On (date), in the exercise of the county clerk's official
duties as County Clerk of (county name) County, Texas, the county
clerk received and filed and recorded the conveyance instrument
attached hereto and containing (number) pages. The instrument is
recorded at _______ in the real property records of _______ County.
The conveyance instrument contains a discriminatory provision as
defined by Section 5.0261(a), Texas Property Code.
III.
Movant alleges that the conveyance instrument attached
hereto contains a discriminatory provision as defined by Section
5.0261(a), Texas Property Code, and that the discriminatory
provision should be removed.
IV.
Movant attests that assertions herein are true and correct.
V.
PRAYER
Movant requests the court to review the attached conveyance
instrument and enter an order removing the discriminatory provision
as defined by Section 5.0261(a), Texas Property Code, together with
such other orders as the court deems appropriate.
Respectfully submitted,
_________________________
(Signature and typed name and address)
(c) The completed form for ordinary certificate of
acknowledgment, of the same type described by Section 121.007,
Civil Practice and Remedies Code, must be as follows:
AFFIDAVIT
THE STATE OF TEXAS
COUNTY OF ______________
BEFORE ME, the undersigned authority, personally appeared
_____________, who, being by me duly sworn, deposed as follows:
"My name is _________________. I am over 21 years of age, of
sound mind, with personal knowledge of the following facts, and
fully competent to testify.
I further attest that the assertions contained in the
accompanying motion are true and correct."
Further affiant sayeth not.
_____________________________
SUBSCRIBED and SWORN TO before
me, this _____ day of ________,
_____.
_____________________________
NOTARY PUBLIC, State of Texas
Notary's printed name:
_____________________________
My commission expires:
_____________________________
_____________________________
(d) A motion under this section may be ruled on by a court
having jurisdiction over real property matters in the county where
the subject conveyance instrument was filed. The court's finding
may be made solely on a review of the conveyance instrument attached
to the motion and without hearing any testimonial evidence. The
court's review may be made ex parte without delay or notice of any
kind. If the court does not rule on the motion on or before the 15th
day after the date the motion is filed, the motion is deemed
granted. An appellate court shall expedite review of a court's
finding under this section.
(e) A court clerk may not collect a filing fee for filing a
motion under this section.
(f) After reviewing the conveyance instrument attached to a
motion filed under this section, the court shall enter an
appropriate finding of fact and conclusion of law.
(g) The court's finding of fact and conclusion of law must
be:
(1) transferred by the court clerk to the county clerk
for recording and indexing not later than the 10th day after the
date the finding of fact and conclusion of law is entered by the
court or deemed granted under Subsection (d); and
(2) filed and indexed by the county clerk in the same
class of records in which the subject conveyance instrument is
filed.
(h) The county clerk may not collect a fee for filing a
court's finding of fact and conclusion of law under this section.
(i) A suggested form of order appropriate to comply with
Subsection (f) is as follows:
MISC. DOCKET NO. ______
In Re: Conveyance InstrumentIn the ______ Judicial District
with Discriminatory In and For ___________________
Provision County, Texas
Judicial Finding of Fact and Conclusion of Law Regarding Conveyance
Instrument Alleged to Contain a Discriminatory Provision as Defined
by Section 5.0261(a), Texas Property Code
On the (number) day of (month), (year), in the above entitled
and numbered cause, this court reviewed a motion, verified by
affidavit, of (name) and the conveyance instrument attached
thereto. No testimony was taken from any party, nor was there any
notice of the court's review, the court having made the
determination that a decision could be made solely on review of the
conveyance instrument under the authority vested in the court under
Section 5.0261, Texas Property Code.
The court finds as follows (only an item checked and
initialed is a valid court ruling):
_______ The conveyance instrument recorded at ______ in the
real property records of ______ County CONTAINS a discriminatory
provision as defined by Section 5.0261(a), Texas Property Code. The
discriminatory provision as defined by Section 5.0261(a), Texas
Property Code, is void and removed from the conveyance instrument
identified herein.
_______ The conveyance instrument recorded at ______ in the
real property records of ______ County and attached to the motion
herein DOES NOT CONTAIN a discriminatory provision as defined by
Section 5.0261(a), Texas Property Code.
This court expressly limits its finding of fact and
conclusion of law to the review of a ministerial act. The county
clerk shall file this finding of fact and conclusion of law in the
same class of records in which the subject conveyance instrument is
filed, and the court directs the county clerk to index it using the
same names used to index the subject conveyance instrument.
SIGNED ON THIS THE ________ DAY OF ____________________.
_______________________________
JUDGE
________ (Court)
_____________ COUNTY, TEXAS
SECTION 3. Sections 193.003(a) and (b), Local Government
Code, are amended to read as follows:
(a) The county clerk shall maintain an alphabetical index to
all recorded deeds, powers of attorney, mortgages, correction
instruments, findings of fact and conclusions of law entered under
Section 5.0261, Property Code, and other instruments relating to
real property. The index must state the specific location in the
records at which the instruments are recorded.
(b) The index must be a cross-index that contains the names
of the grantors and grantees in alphabetical order. If a deed is
made by a sheriff, the index entry must contain the name of the
sheriff and the defendant in execution. If a deed is made by an
executor, administrator, or guardian, the index entry must contain
the name of that person and the name of the person's testator,
intestate, or ward. If a deed is made by an attorney, the index
entry must contain the name of the attorney and the attorney's
constituents. If a deed is made by a commissioner or trustee, the
index entry must contain the name of the commissioner or trustee and
the name of the person whose estate is conveyed. The index entry
for a correction instrument must contain the names of the grantors
and grantees as stated in the correction instrument. The index
entry for a finding of fact and conclusion of law entered under
Section 5.0261, Property Code, must contain the names of the
grantors and grantees as stated in the subject conveyance
instrument. The index entry for a paper document described by
Section 12.0011(b)(3), Property Code, must contain the names of the
grantors and grantees.
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 30 passed the Senate on
March 31, 2021, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 28, 2021, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 30 passed the House, with
amendments, on May 25, 2021, by the following vote: Yeas 146,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor