By Goodman                                             H.B. No. 734
         76R3098 JMM-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the conversion of separate property to community
 1-3     property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 4, Family Code, is amended by adding
 1-6     Subchapter C to read as follows:
 1-7          SUBCHAPTER C.  AGREEMENT TO CONVERT SEPARATE PROPERTY TO
 1-8                             COMMUNITY PROPERTY
 1-9           Sec. 4.201.  DEFINITION.  In this subchapter, "property" has
1-10     the meaning assigned by Section 4.001.
1-11           Sec. 4.202.  AGREEMENT TO CONVERT TO COMMUNITY PROPERTY.  At
1-12     any time, spouses may agree that all or part of the separate
1-13     property owned by either or both spouses is converted to community
1-14     property.
1-15           Sec. 4.203.  FORMALITIES OF AGREEMENT.  (a)  An agreement to
1-16     convert separate property to community property:
1-17                 (1)  must be in writing and:
1-18                       (A)  be signed by the spouses;
1-19                       (B)  identify the property being converted; and
1-20                       (C)  specify that the property is being converted
1-21     to the spouses' community property; and
1-22                 (2)  is enforceable without consideration.
1-23           (b)  The mere transfer of a spouse's separate property to the
1-24     name of the other spouse or to the name of both spouses is not
 2-1     sufficient to convert the property to community property under this
 2-2     subchapter.
 2-3           Sec. 4.204.  MANAGEMENT OF CONVERTED PROPERTY.  Except as
 2-4     specified in the agreement to convert the property and as provided
 2-5     by Subchapter B, Chapter 3, and other law, property converted to
 2-6     community property under this subchapter is subject to:
 2-7                 (1)  the sole management, control, and disposition of
 2-8     the spouse in whose name the property is held;
 2-9                 (2)  the sole management, control, and disposition of
2-10     the spouse who transferred the property if the property is not
2-11     subject to evidence of ownership;
2-12                 (3)  the joint management, control, and disposition of
2-13     the spouses if the property is held in the name of both spouses; or
2-14                 (4)  the joint management, control, and disposition of
2-15     the spouses if the property is not subject to evidence of ownership
2-16     and was owned by both spouses before the property was converted to
2-17     community property.
2-18           Sec. 4.205.  ENFORCEMENT.  (a)  An agreement to convert
2-19     property to community property under this subchapter is not
2-20     enforceable if the spouse against whom enforcement is sought proves
2-21     that the spouse did not:
2-22                 (1)  execute the agreement voluntarily; or
2-23                 (2)  receive a fair and reasonable disclosure of the
2-24     legal effect of converting the property to community property.
2-25           (b)  An agreement that contains the following statement, or
2-26     substantially similar words, in conspicuous print on the same page
2-27     as the signature of the spouses, is rebuttably presumed to provide
 3-1     a fair and reasonable disclosure of the legal effect of converting
 3-2     property to community property:
 3-3           "This instrument changes separate property to community
 3-4     property.  This may have adverse consequences during marriage and
 3-5     on termination of the marriage by death or divorce. For example:
 3-6                 "Exposure to creditors.  If you sign this agreement,
 3-7     all or part of the separate property being converted to community
 3-8     property may become subject to the liabilities of your spouse.  If
 3-9     you do not sign this agreement, your separate property is generally
3-10     not subject to the liabilities of your spouse unless you are
3-11     personally liable under another rule of law.
3-12                 "Loss of management rights.  If you sign this
3-13     agreement, all or part of the separate property being converted to
3-14     community property may become subject to either the joint
3-15     management, control, and disposition of you and your spouse or the
3-16     sole management, control, and disposition of your spouse alone.  In
3-17     that event, you will lose your management rights over the property.
3-18     If you do not sign this agreement, you will generally retain those
3-19     rights.
3-20                 "Loss of property ownership.  If you sign this
3-21     agreement and your marriage is subsequently terminated by the death
3-22     of either spouse or by divorce, all or part of the separate
3-23     property being converted to community property may become the sole
3-24     property of your spouse or your spouse's heirs.  If you do not sign
3-25     this agreement, you generally cannot be deprived of ownership of
3-26     your separate property on termination of your marriage, whether by
3-27     death or divorce."
 4-1           Sec. 4.206.  RIGHTS OF CREDITORS;  RECORDING.  (a)  A
 4-2     conversion of separate property to community property does not
 4-3     affect the rights of a preexisting creditor of the spouse whose
 4-4     separate property is being converted.
 4-5           (b)  A conversion of separate property to community property
 4-6     may be recorded in the deed records of the county in which a spouse
 4-7     resides and of the county in which any real property is located.
 4-8           (c)  A conversion of real property from separate property to
 4-9     community property is constructive notice to a good faith purchaser
4-10     for value or a creditor without actual notice only if the agreement
4-11     to convert the property is acknowledged and recorded in the deed
4-12     records of the county in which the real property is located.
4-13           SECTION 2.  This Act takes effect January 1, 1999, but only
4-14     if the constitutional amendment proposed by the 76th Legislature,
4-15     Regular Session, 1999, relating to the conversion of separate
4-16     property to community property, is approved by the voters.  If the
4-17     proposed constitutional amendment is not approved by the voters,
4-18     this Act has no effect.
4-19           SECTION 3.  The importance of this legislation and the
4-20     crowded condition of the calendars in both houses create an
4-21     emergency and an imperative public necessity that the
4-22     constitutional rule requiring bills to be read on three several
4-23     days in each house be suspended, and this rule is hereby suspended.