Texas Property Code

§ 5.0261 — REMOVAL OF DISCRIMINATORY PROVISION FROM RECORDED CONVEYANCE INSTRUMENT

PR § 5.0261Title 2. CONVEYANCES · Ch. 5. CONVEYANCES · Art. B. FORM AND CONSTRUCTION OF INSTRUMENTS

Statute text

(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 Districtwith 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)

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Legislative history

Added by Acts 2021, 87th Leg., R.S., Ch. 532 (S.B. 30), Sec. 2, eff. September 1, 2021.