By: Harris S.B. No. 1469
A BILL TO BE ENTITLED
AN ACT
1-1 relating to amendments to the Texas Property Code.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 41.001(b) of the Texas Property Code is
1-4 amended to read as follows:
1-5 (b) Encumbrances may be properly fixed on homestead property
1-6 for:
1-7 (1) purchase money (which includes but is not limited
1-8 to (i) consideration paid or to be paid for the purchase of the
1-9 property or (ii) consideration for an owelty of partition imposed
1-10 against the entirety of the property by a court order or by written
1-11 agreement of the parties);
1-12 (2) taxes on the property (which include but are not
1-13 limited to (i) ad valorem property taxes and federal taxes, and
1-14 (ii) refinances by third parties of ad valorem taxes or federal tax
1-15 liens); or
1-16 (3) work and material used in constructing
1-17 improvements on the property if contracted for in writing as
1-18 provided by Sections 53.059(a), (b), and (c).
1-19 SECTION 2. Section 41.002(c) of the Texas Property Code is
1-20 amended to read as follows:
1-21 (c) A homestead is considered to be rural if, at the time a
1-22 <the> designation is made, the property is not within the corporate
1-23 limits of an incorporated city <served by municipal utilities and
2-1 fire and police protection>.
2-2 SECTION 3. This Act takes effect September 1, 1995.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.