1-1  By:  Patterson                                        S.J.R. No. 25
    1-2        (In the Senate - Filed January 24, 1995; January 26, 1995,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  March 27, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 3; March 27, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.J.R. No. 25               By:  Wentworth
    1-8                        SENATE JOINT RESOLUTION
    1-9  proposing a constitutional amendment authorizing a voluntary,
   1-10  consensual encumbrance on homestead property for the purpose of an
   1-11  equity loan.
   1-12        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 50, Article XVI, Texas Constitution, is
   1-14  amended to read as follows:
   1-15        Sec. 50.  (a)  The homestead of a family, or of a single
   1-16  adult person, shall be, and is hereby protected from forced sale,
   1-17  for the payment of all debts except for:
   1-18              (1)  the purchase money thereof, or a part of such
   1-19  purchase money;
   1-20              (2)  <,> the taxes due thereon;
   1-21              (3)  <, or for> work and material used in constructing
   1-22  improvements thereon, if <and in this last case only when> the work
   1-23  and material are contracted for in writing, with the consent of
   1-24  both spouses, in the case of a family homestead, given in the same
   1-25  manner as is required in making a sale and conveyance of the
   1-26  homestead; or
   1-27              (4)  an equity loan.
   1-28        (b)  The <nor may the> owner or claimant of the property
   1-29  claimed as homestead, if married, may not sell or abandon the
   1-30  homestead without the consent of each owner and the <other> spouse
   1-31  of each owner, given in such manner as may be prescribed by law.
   1-32        (c)  No mortgage, trust deed, or other lien on the homestead
   1-33  shall ever be valid unless it secures a debt described by this
   1-34  section, <except for the purchase money therefor, or improvements
   1-35  made thereon, as hereinbefore provided,> whether such mortgage, or
   1-36  trust deed, or other lien, shall have been created by the owner
   1-37  alone, or together with his or her spouse, in case the owner is
   1-38  married.  All pretended sales of the homestead involving any
   1-39  condition of defeasance shall be void.
   1-40        (d)  An equity loan may be made only by:
   1-41              (1)  a bank, savings and loan association, savings
   1-42  bank, or credit union doing business under the laws of this state
   1-43  or the United States;
   1-44              (2)  a person licensed to make regulated loans, as
   1-45  provided by statute; or
   1-46              (3)  a person approved as a mortgagee by the United
   1-47  States government to make federally insured loans, as determined by
   1-48  statute.
   1-49        (e)  An equity loan may not be secured by homestead property
   1-50  that is designated for agricultural use as provided by statutes
   1-51  governing property tax.
   1-52        (f)  At any time a homestead may not be encumbered by more
   1-53  than one equity loan in addition to a valid encumbrance on the
   1-54  homestead property authorized by Subsection (a)(1), (a)(2), or
   1-55  (a)(3) of this section.
   1-56        (g)  A lender may not make an equity loan other than a
   1-57  reverse mortgage if a borrower under the loan is 65 years of age or
   1-58  older.
   1-59        (h)  A lender may not require or accept real or personal
   1-60  property as additional collateral on an equity loan, except for a
   1-61  manufactured home, personal property affixed or to be affixed to
   1-62  the homestead in a manner that would make the property a fixture,
   1-63  or rents derived from the homestead property.  Only the homestead
   1-64  property securing an equity loan may be collateral for the equity
   1-65  loan.
   1-66        (i)  A lender may not require or accept a borrower's
   1-67  homestead property, regardless of whether the property was
   1-68  previously encumbered by an existing equity loan, as collateral on
    2-1  a debt not described by Subsection (a) of this section.
    2-2        (j)  The principal amount of an equity loan plus the
    2-3  aggregate total of the outstanding balances of other indebtedness
    2-4  secured by valid encumbrances of record against the homestead
    2-5  property may not exceed 90 percent of the fair market value of the
    2-6  homestead property on the date the equity loan is made.
    2-7        (k)  For the purposes of Subsection (j) of this section, the
    2-8  aggregate total of the outstanding balances of indebtedness secured
    2-9  by valid encumbrances of record against the homestead property does
   2-10  not include any advance made by a lender to protect a lien,
   2-11  security interest, or other valid encumbrance on the homestead
   2-12  property securing the loan, including the payment of hazard
   2-13  insurance premiums, repairs to the homestead property, or payments
   2-14  on any indebtedness secured by a prior valid encumbrance on the
   2-15  homestead property.
   2-16        (l)  A lender may not accelerate the remaining payments of an
   2-17  equity loan or demand payment of the loan in full because of a
   2-18  decrease in the market value of the homestead property securing the
   2-19  equity loan, unless the decrease in the market value is caused by
   2-20  substantial damage or destruction to the property, condemnation or
   2-21  other taking of the property, the discovery of an environmental
   2-22  hazard on the property, or the use of the property in a manner that
   2-23  constitutes waste on the property or a nuisance.  This section does
   2-24  not prohibit a lender, if permitted by the loan documents, from
   2-25  refusing to make additional advances under an equity loan other
   2-26  than a reverse mortgage, if the value of the homestead property
   2-27  decreases, regardless of the cause of the decrease.
   2-28        (m)  A lender may not accelerate the remaining payments of an
   2-29  equity loan or demand payment of the loan in full because of the
   2-30  borrower's default under any other indebtedness not secured by a
   2-31  prior valid encumbrance on the homestead property, regardless of
   2-32  whether the indebtedness is owed to the lender.  This section does
   2-33  not prohibit a lender, if permitted by the loan documents, from
   2-34  refusing to make additional advances under an equity loan, other
   2-35  than a reverse mortgage, if the borrower has defaulted in the
   2-36  performance or payment of another indebtedness owed to the lender
   2-37  or another creditor.
   2-38        (n)  A lender may not seek recourse against or expose assets
   2-39  of a borrower other than the property securing the equity loan for
   2-40  payment or performance of an obligation of an equity loan.
   2-41        (o)  A lienholder or assignee for value may conclusively rely
   2-42  on an acknowledgment by the owner of homestead property and the
   2-43  owner's spouse, if the owner is married, of compliance with
   2-44  applicable requirements for an equity loan secured by a mortgage,
   2-45  trust deed, or other lien on a homestead.
   2-46        (p)  In this section:
   2-47              (1)  "Blended equity loan" means an equity loan made
   2-48  for:
   2-49                    (A)  the payment or refinancing of all or part of
   2-50  the purchase money of a homestead, taxes on homestead property, or
   2-51  the work and material used in constructing improvements on a
   2-52  homestead or for the refinancing of a valid lien given in renewal
   2-53  and extension of a lien made for such a purpose; and
   2-54                    (B)  another purpose.
   2-55              (2)  "Equity loan" means an extension of credit under a
   2-56  written agreement, including a contract for an open-end account,
   2-57  blended equity loan, or reverse mortgage, that is:
   2-58                    (A)  secured in whole or in part by a voluntary
   2-59  lien on or other consensual security interest in a homestead;
   2-60                    (B)  created with the consent of each owner and
   2-61  the spouse of each owner, in accordance with applicable statutory
   2-62  requirements; and
   2-63                    (C)  without recourse for personal liability
   2-64  against each owner and the spouse of each owner.
   2-65              (3)  "Net equity" means the fair market value of the
   2-66  homestead property less the aggregate total of the outstanding
   2-67  balances of all indebtedness secured by valid encumbrances of
   2-68  record against the homestead property.
   2-69              (4)  "Reverse mortgage" means a nonrecourse equity
   2-70  loan:
    3-1                    (A)  under which advances are provided to a
    3-2  borrower based on the equity in a borrower's residence homestead
    3-3  property; and
    3-4                    (B)  which requires no payment of principal or
    3-5  interest until the entire loan becomes due and payable.  <This
    3-6  amendment shall become effective upon its adoption.>
    3-7        SECTION 2.  The following temporary provision is added to the
    3-8  Texas Constitution:
    3-9        TEMPORARY PROVISION.  (a)  This temporary provision applies
   3-10  to the constitutional amendment proposed by the 74th Legislature,
   3-11  Regular Session, 1995, authorizing a voluntary, consensual
   3-12  encumbrance on homestead property.
   3-13        (b)  The constitutional amendment takes effect May 1, 1996.
   3-14        (c)  This temporary provision takes effect on the adoption of
   3-15  the amendment by the voters and expires May 2, 1996.
   3-16        SECTION 3.  This proposed constitutional amendment shall be
   3-17  submitted to the voters at an election to be held November 7, 1995.
   3-18  The ballot shall be printed to permit voting for or against the
   3-19  proposition:  "The constitutional amendment extending homeowners'
   3-20  rights to borrow voluntarily against the equity in and establish a
   3-21  valid lien on their homesteads under certain limited circumstances
   3-22  for purposes in addition to purchase money, improvements, and
   3-23  taxes."
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