WIMBERLEY, Texas (KXAN) — You may want to take a close look at the legal documents you sign.
Some of them include racist language dating back decades. A Hays County couple is working to get rid of some of that language in the deed of their home.
It’s only possible now under a new Texas law.
Jenell and Angela Pham love living on the property they own in Wimberley. They’ve called it home since 2019. But there’s been one major thing they haven’t been able to shake: the words in their deed.
“The owners, their heirs or assigns, shall not sell or convey any part of sale premises to a person not of the Caucasian race and no residence lot shall beused by persons not of the Caucasian race except as domestic servants working for the family occupying the residence,” the deed reads.
“When you’re somebody not white living in this subdivision, it brings up fear and disgust,” Angela Pham said.
It’s a common deed practice implemented in the 1920s through the 1960s.
“I felt so disempowered to watch Angela’s reaction to that statement, and to feel emotionally, how it impacted her,” Jenell said.
The Phams said their realtor said it wasn’t enforceable. But the words mattered. They advocated with the neighborhood’s property owner’s association to get the law changed. In fact, Jenell became president of their association.
It changed in 2021. On Monday, the Phams filed the paperwork at the Hays County Clerk’s Office that will allow them to get rid of deed restrictions in their neighborhood.
“It’s upturning decades and centuries of discrimination and oppression and racism,” Angela said.
Though there’s no clear record of how many deeds still have this language, the Pham family is hopeful other neighbors will look into it.
Jenell Pham reads home deed. (KXAN photos/Jala Washington).
Angela and Jenell Pham. (KXAN photos/Jala Washington).
“I think it makes a difference, and there’s more work to be done,” Jenell said.
The Phams are still waiting to hear the next steps from the Hays County Clerk’s Office. Under this new law, anyone can file paperwork with their local county clerk’s office to remove language at no charge.
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