1-1 By: Harris S.B. No. 1032
1-2 (In the Senate - Filed March 8, 1995; March 9, 1995, read
1-3 first time and referred to Committee on State Affairs;
1-4 March 29, 1995, rereferred on Committee on Jurisprudence;
1-5 April 19, 1995, reported adversely, with favorable Committee
1-6 Substitute by the following vote: Yeas 4, Nays 0; April 19, 1995,
1-7 sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR S.B. No. 1032 By: Harris
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to encumbrances that may be fixed on homestead property.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 ARTICLE 1
1-14 SECTION 1.01. Subsection (b), Section 41.001, Property Code,
1-15 is amended to read as follows:
1-16 (b) Encumbrances may be properly fixed on homestead property
1-17 for:
1-18 (1) purchase money, including:
1-19 (A) consideration paid or to be paid for the
1-20 purchase of the property; or
1-21 (B) an owelty of partition imposed against the
1-22 entirety of the property designated as a homestead by a court order
1-23 or by written agreement of the parties to the partition, including
1-24 a debt of one spouse in favor of the other spouse resulting from a
1-25 division or an award of a family homestead in a divorce proceeding;
1-26 (2) taxes on the property, including:
1-27 (A) ad valorem property taxes;
1-28 (B) a federal tax lien resulting from the tax
1-29 debt of both spouses, if the homestead is a family homestead, or
1-30 from the tax debt of the owner; and
1-31 (C) a refinance by a third party of ad valorem
1-32 taxes or a federal tax lien; or
1-33 (3) work and material used in constructing
1-34 improvements on the property if contracted for in writing as
1-35 provided by Sections 53.059(a), (b), and (c).
1-36 SECTION 1.02. This article takes effect immediately.
1-37 ARTICLE 2
1-38 SECTION 2.01. Subsection (b), Section 41.001, Property Code,
1-39 is amended to read as follows:
1-40 (b) Encumbrances may be properly fixed on homestead property
1-41 for:
1-42 (1) purchase money;
1-43 (2) taxes on the property; <or>
1-44 (3) work and material used in constructing
1-45 improvements on the property if contracted for in writing as
1-46 provided by Sections 53.059(a), (b), and (c);
1-47 (4) an owelty of partition imposed against the
1-48 entirety of the property designated as a homestead by a court order
1-49 or by a written agreement of the parties to the partition,
1-50 including a debt of one spouse in favor of the other spouse
1-51 resulting from a division or an award of a family homestead in a
1-52 divorce proceeding; or
1-53 (5) the refinance of a lien against a homestead,
1-54 including a federal tax lien resulting from the tax debt of both
1-55 spouses, if the homestead is a family homestead, or from the tax
1-56 debt of the owner.
1-57 SECTION 2.02. This article takes effect on the date the
1-58 constitutional amendment proposed by S.J.R. No. 46, 74th
1-59 Legislature, Regular Session, 1995, takes effect, and on that date
1-60 the amendment by this article of Subsection (b), Section 41.001,
1-61 Property Code, supersedes the amendment of that subsection by
1-62 Article 1 of this Act. If that amendment is not approved by the
1-63 voters, this article has no effect.
1-64 ARTICLE 3
1-65 SECTION 3.01. The importance of this legislation and the
1-66 crowded condition of the calendars in both houses create an
1-67 emergency and an imperative public necessity that the
1-68 constitutional rule requiring bills to be read on three several
2-1 days in each house be suspended, and this rule is hereby suspended,
2-2 and that this Act take effect and be in force according to its
2-3 terms, and it is so enacted.
2-4 * * * * *