Texas · Property Code §§5.026–5.0261Removing a discriminatory deed restriction in Texas

Many older Texas deeds and subdivision restrictions still contain language barring sale or occupancy by people of a certain race or religion. Texas Property Code §5.026 makes any restriction or deed provision that prohibits use by, or sale, lease or transfer to, a person because of race, color, religion or national origin void, and a court must dismiss a suit to enforce one. Since September 1, 2021, §5.0261 also gives owners a way to remove the language from the record: the owner of the property or an interest in it whose chain of title includes such an instrument – or someone with the owner's permission – files a motion, verified by affidavit, with the clerk of a district court (or another court with jurisdiction over real property matters) in the county where the instrument is recorded. The statute includes a suggested motion, affidavit and order. The court can decide by reviewing the instrument alone, without testimony or notice; if it doesn't rule by the 15th day after filing, the motion is deemed granted. Neither the court clerk nor the county clerk may charge a filing fee. The court clerk sends the finding to the county clerk within 10 days, and the county clerk records and indexes it in the same class of records as the original instrument, under the same names.