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.