1-1 By: Brimer (Senate Sponsor - Wentworth) H.B. No. 165
1-2 (In the Senate - Received from the House May 3, 1993;
1-3 May 4, 1993, read first time and referred to Committee on Finance;
1-4 May 13, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0; May 13, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Montford x
1-10 Turner x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Ellis x
1-15 Haley x
1-16 Moncrief x
1-17 Parker x
1-18 Ratliff x
1-19 Sims x
1-20 Truan x
1-21 Zaffirini x
1-22 COMMITTEE SUBSTITUTE FOR H.B. No. 165 By: Sims
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the size and use of an urban homestead.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Section 41.002(a), Property Code, is amended to
1-28 read as follows:
1-29 (a) If used for the purposes of an urban home <or as a place
1-30 to exercise a calling or business in the same urban area,> the
1-31 homestead of a family or a single, adult person, not otherwise
1-32 entitled to a homestead, shall consist of not more than 10 acres
1-33 <one acre> of land which may be in one or more contiguous lots,
1-34 together with any improvements thereon.
1-35 SECTION 2. Section 41.005(b), Property Code, is amended to
1-36 read as follows:
1-37 (b) If an urban homestead of a family, or an urban homestead
1-38 of a single adult person not otherwise entitled to a homestead, is
1-39 part of one or more contiguous lots containing a total of more than
1-40 10 acres <one acre>, the head of the family and, if married, that
1-41 person's spouse or the single adult person, as applicable, may
1-42 voluntarily designate not more than 10 acres <one acre> of the
1-43 property as the homestead.
1-44 SECTION 3. (a) This Act takes effect January 1, 1994, but
1-45 only if the constitutional amendment proposed by the 73rd
1-46 Legislature, Regular Session, 1993, relating to increasing the
1-47 maximum size of an urban homestead to 10 acres, is approved by the
1-48 voters. If the proposed constitutional amendment is not approved
1-49 by the voters, this Act has no effect.
1-50 (b) The change in law made by this Act applies to execution
1-51 under a writ of execution issued on or after January 1, 1994.
1-52 Execution under a writ of execution issued before January 1, 1994,
1-53 is governed by the law in effect on the date the writ of execution
1-54 was issued, and the prior law is continued in effect for that
1-55 purpose.
1-56 (c) The change in law made by this Act does not affect the
1-57 validity of a voluntary or involuntary lien on real property that
1-58 was acquired before January 1, 1994. A voluntary or involuntary
1-59 lien on real property that was acquired before January 1, 1994, is
1-60 governed by the law in effect on the date that the lien was
1-61 acquired, and the prior law is continued in effect for that
1-62 purpose.
1-63 (d) The change in law made by this Act does not affect the
1-64 exemption from seizure of the sale proceeds of a homestead under
1-65 Section 41.001(c), Property Code, on real property that was sold
1-66 before January 1, 1994. The exemption from seizure of the sale
1-67 proceeds of a homestead on real property that was sold before
1-68 January 1, 1994, is governed by the law in effect on the date that
2-1 the property was sold, and the prior law is continued in effect for
2-2 that purpose.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 * * * * *
2-9 Austin,
2-10 Texas
2-11 May 13, 1993
2-12 Hon. Bob Bullock
2-13 President of the Senate
2-14 Sir:
2-15 We, your Committee on Finance to which was referred H.B. No. 165,
2-16 have had the same under consideration, and I am instructed to
2-17 report it back to the Senate with the recommendation that it do not
2-18 pass, but that the Committee Substitute adopted in lieu thereof do
2-19 pass and be printed.
2-20 Montford,
2-21 Chairman
2-22 * * * * *
2-23 WITNESSES
2-24 FOR AGAINST ON
2-25 ___________________________________________________________________
2-26 Name: Janna K. Brimer, Real Estate Broker x
2-27 Representing: Self
2-28 City: Kennedale
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2-30 Name: Angelo Zottarelli x
2-31 Representing: Ind. Bankers Assn of Tx
2-32 City: Austin
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