SRC-JBJ S.B. 1553 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1553
76R4136 CLG-DBy: Ellis
Jurisprudence
3/18/1999
As Filed


DIGEST 

State law regarding the liability of homestead debt has been revised
several times, including a revision by the home equity lending legislation
passed by the 75th Legislature.  S.B. 1553 would conform the Texas Probate
Code to the recently enacted homestead liability laws of the State of
Texas. 

PURPOSE

As proposed, S.B. 1553 conforms the Texas Probate Code to the recently
enacted homestead liability laws of the State of Texas. 

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 270, Texas Probate Code, to set forth exceptions
to the prohibition that a homestead shall not be liable for the payment of
any of the debts of the estate, including an exception to certain work
material used in construction, certain debts imposed by a court order,
certain liens, and an extension of certain credit on the homestead.
Deletes text regarding qualifications for the exception of certain work
material used in construction. 

SECTION 2. Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.