By Brimer                                              H.B. No. 165
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the size and use of an urban homestead.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 41.002(a), Property Code, is amended to
    1-5  read as follows:
    1-6        (a)  If used for the purposes of an urban home <or as a place
    1-7  to exercise a calling or business in the same urban area,> the
    1-8  homestead of a family or a single, adult person, not otherwise
    1-9  entitled to a homestead, shall consist of not more than 10 acres
   1-10  <one acre> of land which may be in one or more lots, together with
   1-11  any improvements thereon.
   1-12        SECTION 2.  Section 41.005(b), Property Code, is amended to
   1-13  read as follows:
   1-14        (b)  If an urban homestead of a family, or an urban homestead
   1-15  of a single adult person not otherwise entitled to a homestead, is
   1-16  part of one or more lots containing a total of more than 10 acres
   1-17  <one acre>, the head of the family and, if married, that person's
   1-18  spouse or the single adult person, as applicable, may voluntarily
   1-19  designate not more than 10 acres <one acre> of the property as the
   1-20  homestead.
   1-21        SECTION 3.  (a)  This Act takes effect January 1, 1994, but
   1-22  only if the constitutional amendment proposed by the 73rd
   1-23  Legislature, Regular Session, 1993, relating to increasing the
   1-24  maximum size of an urban homestead to 10 acres, is approved by the
    2-1  voters.  If the proposed constitutional amendment is not approved
    2-2  by the voters, this Act has no effect.
    2-3        (b)  The change in law made by this Act applies to execution
    2-4  under a writ of execution issued on or after January 1, 1994.
    2-5  Execution under a writ of execution issued before January 1, 1994,
    2-6  is governed by the law in effect on the date the writ of execution
    2-7  was issued, and the prior law is continued in effect for that
    2-8  purpose.
    2-9        (c)  The change in law made by this Act does not affect the
   2-10  validity of a voluntary or involuntary lien on real property that
   2-11  was acquired before January 1, 1994.  A voluntary or involuntary
   2-12  lien on real property that was acquired before January 1, 1994, is
   2-13  governed by the law in effect on the date that the lien was
   2-14  acquired, and the prior law is continued in effect for that
   2-15  purpose.
   2-16        (d)  The change in law made by this Act does not affect the
   2-17  exemption from seizure of the sale proceeds of a homestead under
   2-18  Section 41.001(c), Property Code, on real property that was sold
   2-19  before January 1, 1994.  The exemption from seizure of the sale
   2-20  proceeds of a homestead on real property that was sold before
   2-21  January 1, 1994, is governed by the law in effect on the date that
   2-22  the property was sold, and the prior law is continued in effect for
   2-23  that purpose.
   2-24        SECTION 4.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency   and   an   imperative   public   necessity   that   the
   2-27  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended.