Bill Text: TX HB4271 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the redaction of an unconstitutional restriction from an instrument conveying an interest in real property.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2019-04-24 - Committee report sent to Calendars [HB4271 Detail]
Download: Texas-2019-HB4271-Comm_Sub.html
| 86R15597 BEE-D | ||
| By: Wu, Button, Davis of Dallas, Farrar | H.B. No. 4271 | |
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| relating to the redaction of an unconstitutional restriction from | ||
| an instrument conveying an interest in real property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 11, Property Code, is amended by adding | ||
| Section 11.009 to read as follows: | ||
| Sec. 11.009. REDACTION OF UNCONSTITUTIONAL RESTRICTIONS. | ||
| (a) If a grantee of an instrument conveying an interest in real | ||
| property believes that a restriction in the instrument violates the | ||
| constitution of this state or of the United States, the grantee may | ||
| bring an action against the county in which the instrument is | ||
| recorded to request the redaction of the restriction from the | ||
| instrument. | ||
| (b) An action under Subsection (a) may be brought in the | ||
| county in which the instrument is recorded. | ||
| (c) If a court finds that a restriction provided for by an | ||
| instrument conveying an interest in real property violates the | ||
| constitution of this state or of the United States, the court shall | ||
| enter a written order that: | ||
| (1) identifies the instrument and the specific | ||
| language that the court finds violates the constitution of this | ||
| state or of the United States; and | ||
| (2) requires the county clerk to redact the | ||
| restriction from the instrument. | ||
| (d) On receipt of a written order from a judge issued under | ||
| Subsection (c), the county clerk shall redact from the instrument | ||
| identified by the order the specific language identified by the | ||
| order. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
