Tex. Prop. Code Section 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 (Discriminatory Provisions)(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 (Form for Ordinary Certificate of Acknowledgment), Civil Practice and Remedies Code, that contains, at a minimum, the information in the following suggested form:
Provision County, Texas
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 (Removal of Discriminatory Provision from Recorded Conveyance Instrument)(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:

(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.
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 (Removal of Discriminatory Provision from Recorded Conveyance Instrument)(a), Texas Property Code.
Movant alleges that the conveyance instrument attached hereto contains a discriminatory provision as defined by Section 5.0261 (Removal of Discriminatory Provision from Recorded Conveyance Instrument)(a), Texas Property Code, and that the discriminatory provision should be removed.
Movant attests that assertions herein are true and correct.
Movant requests the court to review the attached conveyance instrument and enter an order removing the discriminatory provision as defined by Section 5.0261 (Removal of Discriminatory Provision from Recorded Conveyance Instrument)(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 (Form for Ordinary Certificate of Acknowledgment), Civil Practice and Remedies Code, must be as follows:
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. ______
with Discriminatory In and For ___________________
Provision County, Texas
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 (Removal of Discriminatory Provision from Recorded Conveyance Instrument), 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 (Removal of Discriminatory Provision from Recorded Conveyance Instrument)(a), Texas Property Code. The discriminatory provision as defined by Section 5.0261 (Removal of Discriminatory Provision from Recorded Conveyance Instrument)(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 (Removal of Discriminatory Provision from Recorded Conveyance Instrument)(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
Added by Acts 2021, 87th Leg., R.S., Ch. 532 (S.B. 30), Sec. 2, eff. September 1, 2021.

Source: Section 5.0261 — Removal of Discriminatory Provision from Recorded Conveyance Instrument, https://statutes.­capitol.­texas.­gov/Docs/PR/htm/PR.­5.­htm#5.­0261 (accessed Apr. 13, 2024).

5.001
Fee Simple
5.002
Failing as a Conveyance
5.003
Partial Conveyance
5.004
Conveyance by Authorized Officer
5.005
Aliens
5.006
Attorney’s Fees in Breach of Restrictive Covenant Action
5.007
Vendor and Purchaser Risk Act
5.008
Seller’s Disclosure of Property Condition
5.009
Duties of Life Tenant
5.010
Notice of Additional Tax Liability
5.011
Seller’s Disclosure Regarding Potential Annexation
5.012
Notice of Obligations Related to Membership in Property Owners’ Association
5.013
Seller’s Disclosure of Location of Conditions Under Surface of Unimproved Real Property
5.014
Notice of Obligations Related to Public Improvement District
5.015
Prohibited Fees
5.016
Conveyance of Residential Property Encumbered by Lien
5.019
Notice of Water Level Fluctuations
5.020
Easements Restricting Possession of Firearms or Alcoholic Beverages Prohibited
5.021
Instrument of Conveyance
5.022
Form
5.023
Implied Covenants
5.024
Encumbrances
5.025
Wood Shingle Roof
5.026
Discriminatory Provisions
5.027
Correction Instruments: Generally
5.028
Correction Instruments: Nonmaterial Corrections
5.029
Correction Instruments: Material Corrections
5.030
Correction Instrument: Effect
5.041
Future Estates
5.042
Abolition of Common-law Rules
5.043
Reformation of Interests Violating Rule Against Perpetuities
5.061
Definition
5.062
Applicability
5.063
Notice
5.064
Seller’s Remedies on Default
5.065
Right to Cure Default
5.066
Equity Protection
5.067
Placement of Lien for Utility Service
5.068
Foreign Language Requirement
5.069
Seller’s Disclosure of Property Condition
5.070
Seller’s Disclosure of Tax Payments and Insurance Coverage
5.071
Seller’s Disclosure of Financing Terms
5.072
Oral Agreements Prohibited
5.073
Contract Terms, Certain Waivers Prohibited
5.074
Purchaser’s Right to Cancel Contract Without Cause
5.076
Recording Requirements
5.077
Annual Accounting Statement
5.078
Disposition of Insurance Proceeds
5.079
Title Transfer
5.080
Liability for Disclosures
5.081
Right to Convert Contract
5.082
Request for Balance and Trustee
5.083
Right to Cancel Contract for Improper Platting
5.084
Right to Deduct
5.085
Fee Simple Title Required
5.087
Additional Provisions: Certain Counties
5.0141
Notice Required Before Contract Execution
5.0142
Purchaser Signature Required
5.0143
Recording of Notice at Closing
5.0144
Reliance on Filed Service Plan
5.0145
Suits for Damages
5.151
Disclosure in Offer to Purchase Mineral Interest
5.152
Certain Purchases of Mineral or Royalty Interests Void
5.201
Definitions
5.202
Certain Private Transfer Fee Obligations Void
5.203
Notice Requirements for Continuation of Existing Private Transfer Fee Obligations
5.204
Additional Compliance Requirement: Timely Acceptance of Fees Paid Under Existing Private Transfer Fee Obligations
5.0205
Equitable Interest Disclosure
5.205
Disclosure of Existing Transfer Fee Obligation Required in Contract for Sale
5.206
Waiver Void
5.207
Injunctive or Declaratory Relief
5.0261
Removal of Discriminatory Provision from Recorded Conveyance Instrument
5.0621
Construction with Other Law
5.0622
Additional Applicability: Certain Counties

Accessed:
Apr. 13, 2024

§ 5.0261’s source at texas​.gov