By Horn H.B. No. 882
75R3226 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to designating property as a homestead.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 41.005, Property Code, is amended to read
1-5 as follows:
1-6 Sec. 41.005. VOLUNTARY DESIGNATION OF HOMESTEAD. (a) If a
1-7 rural homestead of a family is part of one or more parcels
1-8 containing a total of more than 200 acres, the head of the family
1-9 and, if married, that person's spouse may voluntarily designate not
1-10 more than 200 acres of the property as the homestead. If a rural
1-11 homestead of a single adult person, not otherwise entitled to a
1-12 homestead, is part of one or more parcels containing a total of
1-13 more than 100 acres, the person may voluntarily designate not more
1-14 than 100 acres of the property as the homestead.
1-15 (b) If an urban homestead of a family, or an urban homestead
1-16 of a single adult person not otherwise entitled to a homestead, is
1-17 part of one or more lots containing a total of more than one acre,
1-18 the head of the family and, if married, that person's spouse or the
1-19 single adult person, as applicable, may voluntarily designate not
1-20 more than one acre of the property as the homestead.
1-21 (c) Except as provided by Subsection (e) or Subchapter B, to
1-22 [To] designate property as a homestead, a person or persons, as
1-23 applicable, must make the designation in an instrument that is
1-24 signed and acknowledged or proved in the manner required for the
2-1 recording of other instruments. The person or persons must file
2-2 the designation with the county clerk of the county in which all or
2-3 part of the property is located. The clerk shall record the
2-4 designation in the county deed records. The designation must
2-5 contain:
2-6 (1) a description sufficient to identify the property
2-7 designated;
2-8 (2) a statement by the person or persons who executed
2-9 the instrument that the property is designated as the homestead of
2-10 the person's family or as the homestead of a single adult person
2-11 not otherwise entitled to a homestead; [and]
2-12 (3) the name of the current record title holder of the
2-13 property; and
2-14 (4) for a rural homestead, the number of acres
2-15 designated and, if there is more than one survey, the number of
2-16 acres in each.
2-17 (d) A person or persons, as applicable, may change the
2-18 boundaries of a homestead designated under Subsection (c) [this
2-19 section] by executing and recording an instrument in the manner
2-20 required for a voluntary designation under that subsection. A
2-21 change under this subsection does not impair rights acquired by a
2-22 party before the change.
2-23 (e) Except as otherwise provided by this subsection,
2-24 property on which a person receives an exemption from taxation
2-25 under Section 11.43, Tax Code, is considered to have been
2-26 designated as the person's homestead for purposes of this
2-27 subchapter if the property is listed as the person's residence
3-1 homestead on the most recent appraisal roll for the appraisal
3-2 district established for the county in which the property is
3-3 located. If a person designates property as a homestead under
3-4 Subsection (c) or Subchapter B and a different property is
3-5 considered to have been designated as the person's homestead under
3-6 this subsection, the designation under Subsection (c) or Subchapter
3-7 B, as applicable, prevails for purposes of this chapter.
3-8 (f) If a person or persons, as applicable, have not made a
3-9 voluntary designation of a homestead under this section as of the
3-10 time a writ of execution is issued against the person, any
3-11 designation of the person's or persons' homestead must be made in
3-12 accordance with Subchapter B.
3-13 (g) [(f)] An instrument that made a voluntary designation of
3-14 a homestead in accordance with prior law and that is on file with
3-15 the county clerk on September 1, 1987, is considered a voluntary
3-16 designation of a homestead under this section.
3-17 SECTION 2. This Act takes effect September 1, 1997.
3-18 SECTION 3. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.