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racism. deed restrictions

Getting rid of racist deed restrictions

Let’s get this done.

Sen. John Whitmire

A bill was proposed in the Texas Legislature two years ago that sought to make it easier for homeowners to remove unconstitutional, unenforceable and discriminatory provisions from real property records.

State Sen. John Whitmire said he did not catch wind of the proposed legislation until late during the biennial session, which ended without it coming to pass.

This year, though, the longest-tenured legislator at the state capitol in Austin is determined to help the bill become Texas law, which would be welcomed by many of his constituents in his hometown of Houston.

“It’s my priority among my priorities,” Whitmire said.

Whitmire has filed Senate Bill 214, which is identical to House Bill 485 authored by State Rep. Gene Wu of Houston, in the legislative session that began last month. If the bill makes it through both chambers and is adopted by state legislators, it would become Texas law on Sept. 1.

The legislation, first introduced two years ago by Wu, would allow homeowners in neighborhoods such as Garden Oaks and Oak Forest to more easily remove the racist provision in their longstanding deed restrictions that say only members of the “Caucasian race” are allowed to own homes in the communities or even live there. The restriction has been unenforceable for decades under state and federal law, but it remains in Harris County property records and continues to be an eyesore and embarrassment for residents of both neighborhoods.

“I would love it,” Oak Forest resident Ashley Cavazos said. “If this bill comes to pass, hopefully it provides a pathway for the entire neighborhood.”

Cavazos is the leader of a volunteer neighborhood initiative called Oak Forest Deed for Change, which aims to remove the racist language from the deed restrictions by amending and restating them through procedures outlined by the Texas Property Code. But the process has proven exhaustive, because updating the deed restrictions in the seven Oak Forest sections that contain the offensive language requires the approval of at least 75 percent of property owners in each section.

Cavazos and her fellow volunteers have started with Section 4. Eight months into the effort – which has included regular Zoom calls, pro bono work by attorneys in the neighborhood and a signature party – she said signatures have been obtained from only about 25 percent of the section’s property owners.

Here are SB214 and HB485. The updated language would allow a single homeowner to remove the unconstitutional language from the deed restrictions for their neighborhood with a single filing. This is one of those things that should have happened a long time ago, but it wasn’t. This would be a good time to call your own State Rep and State Senator and tell them that you support these bills, because the biggest enemy to them is time and the attention that other bills will demand. The more visibility that a good bill that isn’t going to have any real opposition can get, the better.