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 * * * * *