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.