By Brimer H.B. No. 504
74R2029 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the size of an urban homestead and permissible uses of
1-3 an urban or rural homestead.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 41.002(a) and (b), Property Code, are
1-6 amended to read as follows:
1-7 (a) If used for the purposes of an urban home <or as a place
1-8 to exercise a calling or business in the same urban area>, the
1-9 homestead of a family or a single, adult person, not otherwise
1-10 entitled to a homestead, shall consist of not more than 10 acres
1-11 <one acre> of land which may be in one or more contiguous lots,
1-12 together with any improvements thereon.
1-13 (b) If used for the purposes of a rural home or as a place
1-14 to exercise a calling or business, the homestead shall consist of:
1-15 (1) for a family, not more than 200 acres, which may
1-16 be in one or more parcels, with the improvements thereon; or
1-17 (2) for a single, adult person, not otherwise entitled
1-18 to a homestead, not more than 100 acres, which may be in one or
1-19 more parcels, with the improvements thereon.
1-20 SECTION 2. Section 41.005(b), Property Code, is amended to
1-21 read as follows:
1-22 (b) If an urban homestead of a family, or an urban homestead
1-23 of a single adult person not otherwise entitled to a homestead, is
1-24 part of one or more contiguous lots containing a total of more than
2-1 10 acres <one acre>, the head of the family and, if married, that
2-2 person's spouse or the single adult person, as applicable, may
2-3 voluntarily designate not more than 10 acres <one acre> of the
2-4 property as the homestead.
2-5 SECTION 3. (a) This Act takes effect January 1, 1996, but
2-6 only if the constitutional amendment proposed by the 74th
2-7 Legislature, Regular Session, 1995, relating to increasing the
2-8 maximum size of an urban homestead to 10 acres and prescribing
2-9 permissible uses of urban and rural homesteads, is approved by the
2-10 voters. If the proposed constitutional amendment is not approved
2-11 by the voters, this Act has no effect.
2-12 (b) The change in law made by this Act applies to execution
2-13 under a writ of execution issued on or after January 1, 1996.
2-14 Execution under a writ of execution issued before January 1, 1996,
2-15 is governed by the law in effect on the date the writ of execution
2-16 was issued, and the prior law is continued in effect for that
2-17 purpose.
2-18 (c) The change in law made by this Act does not affect the
2-19 validity of a voluntary or involuntary lien on real property that
2-20 was acquired before January 1, 1996. A voluntary or involuntary
2-21 lien on real property that was acquired before January 1, 1996, is
2-22 governed by the law in effect on the date the lien was acquired,
2-23 and the prior law is continued in effect for that purpose.
2-24 (d) The change in law made by this Act does not affect the
2-25 exemption from seizure of the sale proceeds of a homestead under
2-26 Section 41.001(c), Property Code, on real property that was sold
2-27 before January 1, 1996. The exemption from seizure of the sale
3-1 proceeds of a homestead on real property that was sold before
3-2 January 1, 1996, is governed by the law in effect on the date the
3-3 property was sold, and the prior law is continued in effect for
3-4 that purpose.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.