By Harris                                             S.B. No. 1032
       74R7029 PAM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to encumbrances that may be fixed on homestead property
    1-3  and to the characterization of a homestead.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 41.001(b), Property Code, is amended to
    1-6  read as follows:
    1-7        (b)  Encumbrances may be properly fixed on homestead property
    1-8  for:
    1-9              (1)  purchase money;
   1-10              (2)  taxes on the property; <or>
   1-11              (3)  work and material used in constructing
   1-12  improvements on the property if contracted for in writing as
   1-13  provided by Sections 53.059(a), (b), and (c);
   1-14              (4)  a debt of one spouse in favor of the other spouse
   1-15  resulting from a division or an award of a family homestead in a
   1-16  divorce proceeding; or
   1-17              (5)  the refinance of a lien against a homestead,
   1-18  including a federal tax lien resulting from the tax debt of both
   1-19  spouses, if the homestead is a family homestead, or from the tax
   1-20  debt of the owner.
   1-21        SECTION 2.  Section 41.002(c), Property Code, is repealed.
   1-22        SECTION 3.  This Act takes effect on the date the
   1-23  constitutional amendment proposed by __.J.R. No. __, 74th
   1-24  Legislature, Regular Session, 1995, takes effect.  If that
    2-1  amendment is not approved by the voters, this Act has no effect.
    2-2        SECTION 4.  The importance of this legislation and the
    2-3  crowded condition of the calendars in both houses create an
    2-4  emergency and an imperative public necessity that the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended.