1-1  By:  Harris                                           S.J.R. No. 46
    1-2        (In the Senate - Filed March 8, 1995; March 14, 1995, read
    1-3  first time and referred to Committee on Jurisprudence;
    1-4  April 19, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 4, Nays 0; April 19, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.J.R. No. 46                  By:  Harris
    1-8                        SENATE JOINT RESOLUTION
    1-9  proposing a constitutional amendment permitting an encumbrance to
   1-10  be fixed on homestead property for an owelty of partition and the
   1-11  refinance of a lien against a homestead.
   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.  The homestead of a family, or of a single adult
   1-16  person, shall be, and is hereby protected from forced sale, for the
   1-17  payment of all debts except for the purchase money thereof, or a
   1-18  part of such purchase money, the taxes due thereon, an owelty of
   1-19  partition imposed against the entirety of the property designated
   1-20  as a homestead by a court order or by a written agreement of the
   1-21  parties to the partition, including a debt of one spouse in favor
   1-22  of the other spouse resulting from a division or an award of a
   1-23  family homestead in a divorce proceeding, the refinance of a lien
   1-24  against a homestead, including a federal tax lien resulting from
   1-25  the tax debt of both spouses, if the homestead is a family
   1-26  homestead, or from the tax debt of the owner, or for work and
   1-27  material used in constructing improvements thereon, and in this
   1-28  last case only when the work and material are contracted for in
   1-29  writing, with the consent of both spouses, in the case of a family
   1-30  homestead, given in the same manner as is required in making a sale
   1-31  and conveyance of the homestead; nor may the owner or claimant of
   1-32  the property claimed as homestead, if married, sell or abandon the
   1-33  homestead without the consent of the other spouse, given in such
   1-34  manner as may be prescribed by law.  No mortgage, trust deed, or
   1-35  other lien on the homestead shall ever be valid, except for a debt
   1-36  described by this section <the purchase money therefor, or
   1-37  improvements made thereon, as hereinbefore provided>, whether such
   1-38  mortgage, or trust deed, or other lien, shall have been created by
   1-39  the owner alone, or together with his or her spouse, in case the
   1-40  owner is married.  All pretended sales of the homestead involving
   1-41  any condition of defeasance shall be void.  A purchaser or lender
   1-42  for value without actual knowledge may conclusively rely on an
   1-43  affidavit that designates other property as the homestead of the
   1-44  affiant and that states that the property to be conveyed or
   1-45  encumbered is not the homestead of the affiant <This amendment
   1-46  shall become effective upon its adoption>.
   1-47        SECTION 2.  This proposed constitutional amendment shall be
   1-48  submitted to the voters at an election to be held November 7, 1995.
   1-49  The ballot shall be printed to permit voting for or against the
   1-50  proposition:  "The constitutional amendment permitting an
   1-51  encumbrance to be fixed on homestead property for an owelty of
   1-52  partition, including a debt of a spouse resulting from a division
   1-53  or award of a homestead in a divorce proceeding, and for the
   1-54  refinance of a lien against a homestead, including a federal tax
   1-55  lien resulting from the tax debt of the owner."
   1-56                               * * * * *