SRC-JBJ H.J.R. 36 76(R)   BILL ANALYSIS


Senate Research Center   H.J.R. 36
76R3099 JMM-FBy: Goodman (Harris)
Jurisprudence
5/4/1999
Engrossed


DIGEST 

Currently, a person who is married or about to marry is authorized to enter
into a marital agreement converting community property to separate
property, but spouses cannot convert separate property to community
property.  Upon death, separate property is taxed more heavily by the
federal government than community property.  As proposed, H.J.R. 36 would
require the submission to the voters of a constitutional amendment
authorizing spouses to agree in writing that all or part of the separate
property owned by either or both of them shall be the spouses' community
property.   

PURPOSE

As proposed, H.J.R. 36 requires the submission to the voters of a
constitutional amendment authorizing spouses to agree that all or part of
the separate property owned by either or both of them shall be the spouses'
community property. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 15, Article XVI, Texas Constitution, to
authorize spouses to agree that all or part of the separate property owned
by either or both of them shall be the spouses' community property. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held on November 2, 1999.  Sets forth
the required language for the ballot.