S.J.R. No. 46
SENATE JOINT RESOLUTION
1-1 proposing a constitutional amendment permitting an encumbrance to
1-2 be fixed on homestead property for an owelty of partition and the
1-3 refinance of a lien against a homestead.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 50, Article XVI, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 50. The homestead of a family, or of a single adult
1-8 person, shall be, and is hereby protected from forced sale, for the
1-9 payment of all debts except for the purchase money thereof, or a
1-10 part of such purchase money, the taxes due thereon, an owelty of
1-11 partition imposed against the entirety of the property by a court
1-12 order or by a written agreement of the parties to the partition,
1-13 including a debt of one spouse in favor of the other spouse
1-14 resulting from a division or an award of a family homestead in a
1-15 divorce proceeding, the refinance of a lien against a homestead,
1-16 including a federal tax lien resulting from the tax debt of both
1-17 spouses, if the homestead is a family homestead, or from the tax
1-18 debt of the owner, or for work and material used in constructing
1-19 improvements thereon, and in this last case only when the work and
1-20 material are contracted for in writing, with the consent of both
1-21 spouses, in the case of a family homestead, given in the same
1-22 manner as is required in making a sale and conveyance of the
1-23 homestead; nor may the owner or claimant of the property claimed as
1-24 homestead, if married, sell or abandon the homestead without the
2-1 consent of the other spouse, given in such manner as may be
2-2 prescribed by law. No mortgage, trust deed, or other lien on the
2-3 homestead shall ever be valid, except for a debt described by this
2-4 section <the purchase money therefor, or improvements made thereon,
2-5 as hereinbefore provided>, whether such mortgage, or trust deed, or
2-6 other lien, shall have been created by the owner alone, or together
2-7 with his or her spouse, in case the owner is married. All
2-8 pretended sales of the homestead involving any condition of
2-9 defeasance shall be void. A purchaser or lender for value without
2-10 actual knowledge may conclusively rely on an affidavit that
2-11 designates other property as the homestead of the affiant and that
2-12 states that the property to be conveyed or encumbered is not the
2-13 homestead of the affiant <This amendment shall become effective
2-14 upon its adoption>.
2-15 SECTION 2. This proposed constitutional amendment shall be
2-16 submitted to the voters at an election to be held November 7, 1995.
2-17 The ballot shall be printed to permit voting for or against the
2-18 proposition: "The constitutional amendment permitting an
2-19 encumbrance to be fixed on homestead property for an owelty of
2-20 partition, including a debt of a spouse resulting from a division
2-21 or award of a homestead in a divorce proceeding, and for the
2-22 refinance of a lien against a homestead, including a federal tax
2-23 lien resulting from the tax debt of the owner."