S.B. No. 1032
AN ACT
1-1 relating to encumbrances that may be fixed on homestead property.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 ARTICLE 1
1-4 SECTION 1.01. Subsection (b), Section 41.001, Property Code,
1-5 is amended to read as follows:
1-6 (b) Encumbrances may be properly fixed on homestead property
1-7 for:
1-8 (1) purchase money, including:
1-9 (A) consideration paid or to be paid for the
1-10 purchase of the property; or
1-11 (B) an owelty of partition imposed against the
1-12 entirety of the property by a court order or by written agreement
1-13 of the parties to the partition, including a debt of one spouse in
1-14 favor of the other spouse resulting from a division or an award of
1-15 a family homestead in a divorce proceeding;
1-16 (2) taxes on the property, including:
1-17 (A) ad valorem property taxes;
1-18 (B) a federal tax lien resulting from the tax
1-19 debt of both spouses, if the homestead is a family homestead, or
1-20 from the tax debt of the owner; and
1-21 (C) a refinance by a third party of ad valorem
1-22 taxes or a federal tax lien; or
1-23 (3) work and material used in constructing
1-24 improvements on the property if contracted for in writing as
2-1 provided by Sections 53.059(a), (b), and (c).
2-2 SECTION 1.02. This article takes effect immediately.
2-3 ARTICLE 2
2-4 SECTION 2.01. Subsection (b), Section 41.001, Property Code,
2-5 is amended to read as follows:
2-6 (b) Encumbrances may be properly fixed on homestead property
2-7 for:
2-8 (1) purchase money;
2-9 (2) taxes on the property; <or>
2-10 (3) work and material used in constructing
2-11 improvements on the property if contracted for in writing as
2-12 provided by Sections 53.059(a), (b), and (c);
2-13 (4) an owelty of partition imposed against the
2-14 entirety of the property by a court order or by a written agreement
2-15 of the parties to the partition, including a debt of one spouse in
2-16 favor of the other spouse resulting from a division or an award of
2-17 a family homestead in a divorce proceeding; or
2-18 (5) the refinance of a lien against a homestead,
2-19 including a federal tax lien resulting from the tax debt of both
2-20 spouses, if the homestead is a family homestead, or from the tax
2-21 debt of the owner.
2-22 SECTION 2.02. This article takes effect on the date the
2-23 constitutional amendment proposed by S.J.R. No. 46, 74th
2-24 Legislature, Regular Session, 1995, takes effect, and on that date
2-25 the amendment by this article of Subsection (b), Section 41.001,
2-26 Property Code, supersedes the amendment of that subsection by
2-27 Article 1 of this Act. If that amendment is not approved by the
3-1 voters, this article has no effect.
3-2 ARTICLE 3
3-3 SECTION 3.01. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force according to its
3-9 terms, and it is so enacted.