SRC-ARR S.B. 496 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 496
76R5515 MLS-FBy: Harris
State Affairs
3/9/1999
As Filed


DIGEST 

Currently, Texas law prohibits home equity loans from being made on lots
over one acre in urban areas. This leaves the homeowners to either
subdivide the lot, or try to argue that a lender can take an interest only
in the home and less than one acre within a lot over one acre in size. S.B.
496 increases the maximum size of an urban homestead to 10 acres and
prescribes  permissible uses of rural and urban homesteads. 

PURPOSE

As proposed, S.B. 496 increases the maximum size of an urban homestead to
10 acres and prescribes permissible uses of rural and urban homesteads. 

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 41.002(a), Property Code, to require the
homestead of a family or a single, adult person, not otherwise entitled to
a homestead, to consist of not more than 10 acres, rather than one acre, of
land which may be in one or more contiguous lots, together with any
improvements thereon, if used for the purposes of an urban home. Deletes
the provision regarding a place to exercise a calling or business in the
same urban area. 

SECTION 2. Amends Section 41.002(c), Property Code, to provide that a
homestead is considered to be urban, rather than rural, if at the time the
designation is made, the property is located within and provided certain
services by a municipality, rather than not served by municipal utilities
and fire and police protection. 

SECTION 3. Amends Section 41.005(b), Property Code, to make conforming
changes. 

SECTION 4. Effective date for SECTION 2 of this Act: September 1, 1999.

SECTION 5. Effective date for SECTIONS: 1, 3, and 5 of this Act: January 1,
2000, but  only if a constitutional amendment is approved by the voters.
Makes application of this Act prospective to January 1, 2000. 

SECTION 6. Emergency clause.