By Yarbrough                                          H.J.R. No. 46
         76R4630 PAM-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment prohibiting an encumbrance to
 1-2     be fixed on or executed against homestead property for an
 1-3     obligation to pay certain property owners' association fees.
 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 50, Article XVI, Texas Constitution, is
 1-6     amended by adding Subsection (c-1) to read as follows:
 1-7           (c-1)  An obligation to pay property owners' association fees
 1-8     for maintenance and ownership of common facilities and services is
 1-9     not an encumbrance that may be properly fixed on or executed
1-10     against homestead property.  In this subsection:
1-11                 (1)  "Dedicatory instrument" means each governing
1-12     instrument covering the establishment, maintenance, and operation
1-13     of a residential subdivision, planned unit development, condominium
1-14     or townhouse regime, or any similar planned development.  The term
1-15     includes a declaration or similar instrument subjecting real
1-16     property to restrictive covenants, bylaws, or similar instruments
1-17     governing the administration or operation of a property owners'
1-18     association, to properly adopted rules and regulations of the
1-19     property owners' association, or to all lawful amendments to the
1-20     covenants, bylaws, instruments, rules, or regulations.
1-21                 (2)  "Property owners' association" means an
1-22     incorporated or unincorporated association owned by or whose
1-23     members consist primarily of the owners of the property covered by
1-24     the dedicatory instrument and through which the owners, or the
 2-1     board of directors or similar governing body, manage or regulate
 2-2     the residential subdivision, planned unit development, condominium
 2-3     or townhouse regime, or similar planned development.
 2-4           SECTION 2.  This proposed constitutional amendment shall be
 2-5     submitted to the voters at an election to be held November 2, 1999.
 2-6     The ballot shall be printed to permit voting for or against the
 2-7     proposition:  "The constitutional amendment prohibiting an
 2-8     encumbrance to be fixed on or executed against homestead property
 2-9     for an obligation to pay certain property owners' association
2-10     fees."