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.