By Harris                                             S.J.R. No. 46
       74R7030 PAM-F
                                  A JOINT RESOLUTION
    1-1  proposing a constitutional amendment permitting an encumbrance to
    1-2  be fixed on homestead property for a debt of a spouse resulting
    1-3  from a division or award of a homestead in a divorce proceeding and
    1-4  for the refinance of a lien against a homestead.
    1-5        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 50, Article XVI, Texas Constitution, is
    1-7  amended to read as follows:
    1-8        Sec. 50.  The homestead of a family, or of a single adult
    1-9  person, shall be, and is hereby protected from forced sale, for the
   1-10  payment of all debts except for the purchase money thereof, or a
   1-11  part of such purchase money, the taxes due thereon, a debt of one
   1-12  spouse in favor of the other spouse resulting from a division or an
   1-13  award of a family homestead in a divorce proceeding, the refinance
   1-14  of a lien against a homestead, including a federal tax lien
   1-15  resulting from the tax debt of both spouses, if the homestead is a
   1-16  family homestead, or from the tax debt of the owner, or for work
   1-17  and material used in constructing improvements thereon, and in this
   1-18  last case only when the work and material are contracted for in
   1-19  writing, with the consent of both spouses, in the case of a family
   1-20  homestead, given in the same manner as is required in making a sale
   1-21  and conveyance of the homestead; nor may the owner or claimant of
   1-22  the property claimed as homestead, if married, sell or abandon the
   1-23  homestead without the consent of the other spouse, given in such
   1-24  manner as may be prescribed by law.  No mortgage, trust deed, or
    2-1  other lien on the homestead shall ever be valid, except for a debt
    2-2  described by this section <the purchase money therefor, or
    2-3  improvements made thereon, as hereinbefore provided>, whether such
    2-4  mortgage, or trust deed, or other lien, shall have been created by
    2-5  the owner alone, or together with his or her spouse, in case the
    2-6  owner is married.  All pretended sales of the homestead involving
    2-7  any condition of defeasance shall be void.  A purchaser or lender
    2-8  for value without actual knowledge may conclusively rely on an
    2-9  affidavit that designates other property as the homestead of the
   2-10  affiant and that states that the property to be conveyed or
   2-11  encumbered is not the homestead of the affiant <This amendment
   2-12  shall become effective upon its adoption>.
   2-13        SECTION 2.  This proposed constitutional amendment shall be
   2-14  submitted to the voters at an election to be held November 7, 1995.
   2-15  The ballot shall be printed to permit voting for or against the
   2-16  proposition:  "The constitutional amendment permitting an
   2-17  encumbrance to be fixed on homestead property for a debt of a
   2-18  spouse resulting from a division or award of a homestead in a
   2-19  divorce proceeding and for the refinance of a lien against a
   2-20  homestead."