HBA-JRA, SEB H.J.R. 36 76(R)BILL ANALYSIS Office of House Bill AnalysisH.J.R. 36 By: Goodman Juvenile Justice and Family Issues 7/28/1999 Enrolled BACKGROUND AND PURPOSE 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 requires 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. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 15, Article XVI, Texas Constitution, to authorize 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. Makes a conforming change. 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.