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.