The Texas Legislature recently amended the Property Code to provide a streamlined procedure for addressing discriminatory provisions in real property records. Although state law already declared restrictions and provisions in real property records that prohibit the use, sale or transfer of real property to a person based on race, color, religion, or national origin to be void and unenforceable, Senate Bill 30, which took effect on September 1, 2021, establishes a process for a property owner, or another person that the owner authorizes, to request a judicial review of specific property records to determine whether they contain prohibited discriminatory provisions.
The bill sets out the contents of the documents required to be submitted to the court as well as a suggested format for the court’s findings and order. Under certain circumstances, the court may issue its determination without conducting a hearing. No filing fees may be charged under the statute.
To view the language of the bill and the format for filing with the court as well as the format for the court’s findings and order, use the link: 87(R) SB 30 - Enrolled version (texas.gov)