By:  Harris                                           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 designated
   1-12  as a homestead by a court order or by a written agreement of the
   1-13  parties to the partition, including a debt of one spouse in favor
   1-14  of the other spouse resulting from a division or an award of a
   1-15  family homestead in a divorce proceeding, the refinance of a lien
   1-16  against a homestead, including a federal tax lien resulting from
   1-17  the tax debt of both spouses, if the homestead is a family
   1-18  homestead, or from the tax debt of the owner, or for work and
   1-19  material used in constructing improvements thereon, and in this
   1-20  last case only when the work and material are contracted for in
   1-21  writing, with the consent of both spouses, in the case of a family
   1-22  homestead, given in the same manner as is required in making a sale
   1-23  and conveyance of the homestead; nor may the owner or claimant of
   1-24  the property claimed as homestead, if married, sell or abandon the
    2-1  homestead without the consent of the other spouse, given in such
    2-2  manner as may be prescribed by law.  No mortgage, trust deed, or
    2-3  other lien on the homestead shall ever be valid, except for a debt
    2-4  described by this section <the purchase money therefor, or
    2-5  improvements made thereon, as hereinbefore provided>, whether such
    2-6  mortgage, or trust deed, or other lien, shall have been created by
    2-7  the owner alone, or together with his or her spouse, in case the
    2-8  owner is married.  All pretended sales of the homestead involving
    2-9  any condition of defeasance shall be void.  A purchaser or lender
   2-10  for value without actual knowledge may conclusively rely on an
   2-11  affidavit that designates other property as the homestead of the
   2-12  affiant and that states that the property to be conveyed or
   2-13  encumbered is not the homestead of the affiant <This amendment
   2-14  shall become effective 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."