By: Ratliff S.B. No. 691
73R4313 LJD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the voluntary designation of less than 200 acres as a
1-3 rural homestead.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 41, Property Code, is
1-6 amended by adding Section 41.0055 to read as follows:
1-7 Sec. 41.0055. VOLUNTARY DESIGNATION OF RURAL HOMESTEAD OF
1-8 LESS THAN 200 ACRES. (a) If a rural homestead of a family is part
1-9 of one or more parcels containing a total of less than 200 acres,
1-10 the head of the family and, if married, that person's spouse may
1-11 voluntarily designate a portion of the property as the homestead.
1-12 A designation under this section waives homestead rights to which
1-13 the family is otherwise entitled in property excluded from the
1-14 designation.
1-15 (b) To designate property as a homestead under this section,
1-16 the person or persons, as applicable, must make the designation in
1-17 an instrument that is signed and acknowledged or proved in the
1-18 manner required for the recording of other instruments. The
1-19 designation must be filed with the county clerk of the county in
1-20 which all or part of the property is located. The clerk shall
1-21 record the designation in the county deed records. The designation
1-22 must contain:
1-23 (1) a description sufficient to identify the property
1-24 designated;
2-1 (2) a statement by the person or persons who executed
2-2 the instrument that:
2-3 (A) the property is designated as the homestead
2-4 of the person's family; and
2-5 (B) the person's family waives homestead rights
2-6 to which it is otherwise entitled in other property not included in
2-7 the designation;
2-8 (3) the name of the original grantee of the property;
2-9 and
2-10 (4) the number of acres designated and, if there is
2-11 more than one survey, the number of acres in each survey.
2-12 (c) A person or persons, as applicable, may change the
2-13 boundaries of a homestead designated under this section by
2-14 executing and recording an instrument in the manner required by:
2-15 (1) Subsection (b), if the change results in a
2-16 homestead designation of less than 200 acres; or
2-17 (2) Section 41.005, if the change results in a
2-18 homestead designation of 200 acres.
2-19 (d) A change under Subsection (c) does not impair rights
2-20 acquired by a party before the change.
2-21 SECTION 2. This Act applies only to a voluntary designation
2-22 of less than 200 acres as a rural homestead that is executed and
2-23 filed on or after the effective date of this Act.
2-24 SECTION 3. This Act takes effect on the date the
2-25 constitutional amendment proposed by the 73rd Legislature, Regular
2-26 Session, 1993, allowing the voluntary designation of less than 200
2-27 acres as a rural homestead, takes effect. If that amendment is not
3-1 approved by the voters, this Act has no effect.
3-2 SECTION 4. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.