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Texas Bill Makes Removing Discriminatory Deed Provisions Easier

8/17/2021

In thousands of real property deeds across the state, there are discriminatory restrictions barring non-white families from moving into these homes. Although racially restrictive provisions are no longer enforceable, these recorded provisions are still a reminder of historical discriminatory housing practices. Previously, there was no across-the-board mechanism for removing these types of restrictions from property records.

Recently passed with bipartisan support, S.B. 30 allows for these restrictions to be removed from real property records through the county clerk's office of the county in which the real property is located. After requesting through a form that the provisions be removed, the county clerk has 30 days to determine whether the restriction is void under Section 5.026(a) of the Property Code. If void, the restriction will be removed. If not, the requestor will be notified by the county clerk.  This change is effective September 1, 2021.  Please see link below for bill text.

S.B. No. 30 - Bill Text