1-1 By: Ratliff S.B. No. 691
1-2 (In the Senate - Filed March 8, 1993; March 9, 1993, read
1-3 first time and referred to Committee on State Affairs; May 4, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 8, Nays 1; May 4, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Harris of Dallas x
1-9 Rosson x
1-10 Carriker x
1-11 Henderson x
1-12 Leedom x
1-13 Lucio x
1-14 Luna x
1-15 Nelson x
1-16 Patterson x
1-17 Shelley x
1-18 Sibley x
1-19 West x
1-20 Whitmire x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 691 By: Carriker
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to the voluntary designation of less than 200 acres as a
1-25 rural homestead.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Subchapter A, Chapter 41, Property Code, is
1-28 amended by adding Section 41.0055 to read as follows:
1-29 Sec. 41.0055. VOLUNTARY DESIGNATION OF RURAL HOMESTEAD OF
1-30 LESS THAN 200 ACRES. (a) If a rural homestead of a family is part
1-31 of two or more noncontiguous parcels containing a total of less
1-32 than 200 acres, the head of the family and, if married, that
1-33 person's spouse may voluntarily designate one or more parcels as
1-34 the homestead and waive homestead rights to which the family is
1-35 otherwise entitled in any parcel on which the family does not
1-36 reside.
1-37 (b) To designate property as a homestead under this section,
1-38 the person or persons, as applicable, must make the designation in
1-39 an instrument that is signed and acknowledged or proved in the
1-40 manner required for the recording of other instruments. The
1-41 designation must be filed with the county clerk of the county in
1-42 which all or part of the property is located. The clerk shall
1-43 record the designation in the county deed records. The designation
1-44 must contain:
1-45 (1) a description sufficient to identify the parcel or
1-46 parcels designated as homestead and the parcel or parcels to which
1-47 homestead rights are waived;
1-48 (2) a statement by the person or persons who executed
1-49 the instrument that:
1-50 (A) a certain parcel or parcels are designated
1-51 as the homestead of the person's family; and
1-52 (B) the person's family does not reside on the
1-53 other parcel or parcels and waives homestead rights to which it is
1-54 otherwise entitled in any parcel not designated as homestead;
1-55 (3) the name of the titleholder of record on the date
1-56 the designation is executed of each parcel; and
1-57 (4) the number of acres in each parcel and, if there
1-58 is more than one survey, the number of acres in each survey.
1-59 (c) A person or persons, as applicable, may change the
1-60 boundaries of a homestead designated under this section by
1-61 executing and recording an instrument in the manner required by:
1-62 (1) Subsection (b), if the change results in a
1-63 homestead designation of less than 200 acres; or
1-64 (2) Section 41.005, if the change results in a
1-65 homestead designation of 200 acres.
1-66 (d) A change under Subsection (c) or a change in the site of
1-67 the person's residence does not impair rights acquired by a party
1-68 before the change.
2-1 SECTION 2. This Act applies only to a voluntary designation
2-2 of less than 200 acres as a rural homestead that is executed and
2-3 filed on or after the effective date of this Act.
2-4 SECTION 3. This Act takes effect on the date the
2-5 constitutional amendment proposed by S.J.R. 30, 73rd Legislature,
2-6 Regular Session, 1993, allowing the voluntary designation of less
2-7 than 200 acres as a rural homestead, takes effect. If that
2-8 amendment is not approved by the voters, this Act has no effect.
2-9 SECTION 4. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.
2-14 * * * * *
2-15 Austin,
2-16 Texas
2-17 May 4, 1993
2-18 Hon. Bob Bullock
2-19 President of the Senate
2-20 Sir:
2-21 We, your Committee on State Affairs to which was referred S.B. No.
2-22 691, have had the same under consideration, and I am instructed to
2-23 report it back to the Senate with the recommendation that it do not
2-24 pass, but that the Committee Substitute adopted in lieu thereof do
2-25 pass and be printed.
2-26 Harris of
2-27 Dallas, Chairman
2-28 * * * * *
2-29 WITNESSES
2-30 FOR AGAINST ON
2-31 ___________________________________________________________________
2-32 Name: Jack Burkett x
2-33 Representing: Indep Bankers Assn of Texas
2-34 City: Austin
2-35 -------------------------------------------------------------------
2-36 Name: Robert Sneed x x
2-37 Representing: Texas Land Title Assn
2-38 City: Austin
2-39 -------------------------------------------------------------------
2-40 Name: Durwood Tucker x
2-41 Representing: Texas Farm Bureau
2-42 City: Austin
2-43 -------------------------------------------------------------------
2-44 Name: Karen M. Neeley x
2-45 Representing: Independent Bankers Assn
2-46 City: Austin
2-47 -------------------------------------------------------------------
2-48 Name: Gayle Vickers x
2-49 Representing: Texas Bankers
2-50 City: Austin
2-51 -------------------------------------------------------------------
2-52 Name: Randy Lee x
2-53 Representing: Stewart Title Guaranty
2-54 City: Austin
2-55 -------------------------------------------------------------------
2-56 Name: Alfred Flanagan x
2-57 Representing: Green Title & Abstract
2-58 City: Mt Pleasant
2-59 -------------------------------------------------------------------