By Staples                                            H.J.R. No. 76
         76R7021 DWS-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment relating to the application of
 1-2     equity loan law to cooperative membership fees and certificates.
 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 50(a), Article XVI, Texas Constitution,
 1-5     is amended to read as follows:
 1-6           (a)  The homestead of a family, or of a single adult person,
 1-7     shall be, and is hereby protected from forced sale, for the payment
 1-8     of all debts except for:
 1-9                 (1)  the purchase money thereof, or a part of such
1-10     purchase money;
1-11                 (2)  the taxes due thereon;
1-12                 (3)  an owelty of partition imposed against the
1-13     entirety of the property by a court order or by a written agreement
1-14     of the parties to the partition, including a debt of one spouse in
1-15     favor of the other spouse resulting from a division or an award of
1-16     a family homestead in a divorce proceeding;
1-17                 (4)  the refinance of a lien against a homestead,
1-18     including a federal tax lien resulting from the tax debt of both
1-19     spouses, if the homestead is a family homestead, or from the tax
1-20     debt of the owner;
1-21                 (5)  work and material used in constructing new
1-22     improvements thereon, if contracted for in writing, or work and
1-23     material used to repair or renovate existing improvements thereon
1-24     if:
 2-1                       (A)  the work and material are contracted for in
 2-2     writing, with the consent of both spouses, in the case of a family
 2-3     homestead, given in the same manner as is required in making a sale
 2-4     and conveyance of the homestead;
 2-5                       (B)  the contract for the work and material is
 2-6     not executed by the owner or the owner's spouse before the 12th day
 2-7     after the owner makes written application for any extension of
 2-8     credit for the work and material, unless the work and material are
 2-9     necessary to complete immediate repairs to conditions on the
2-10     homestead property that materially affect the health or safety of
2-11     the owner or person residing in the homestead and the owner of the
2-12     homestead acknowledges such in writing;
2-13                       (C)  the contract for the work and material
2-14     expressly provides that the owner may rescind the contract without
2-15     penalty or charge within three days after the execution of the
2-16     contract by all parties, unless the work and material are necessary
2-17     to complete immediate repairs to conditions on the homestead
2-18     property that materially affect the health or safety of the owner
2-19     or person residing in the homestead and the owner of the homestead
2-20     acknowledges such in writing; and
2-21                       (D)  the contract for the work and material is
2-22     executed by the owner and the owner's spouse only at the office of
2-23     a third-party lender making an extension of credit for the work and
2-24     material, an attorney at law, or a title company;
2-25                 (6)  an extension of credit that:
2-26                       (A)  is secured by a voluntary lien on the
2-27     homestead created under a written agreement with the consent of
 3-1     each owner and each owner's spouse;
 3-2                       (B)  is of a principal amount that when added to
 3-3     the aggregate total of the outstanding principal balances of all
 3-4     other indebtedness secured by valid encumbrances of record against
 3-5     the homestead does not exceed 80 percent of the fair market value
 3-6     of the homestead on the date the extension of credit is made;
 3-7                       (C)  is without recourse for personal liability
 3-8     against each owner and the spouse of each owner, unless the owner
 3-9     or spouse obtained the extension of credit by actual fraud;
3-10                       (D)  is secured by a lien that may be foreclosed
3-11     upon only by a court order;
3-12                       (E)  does not require the owner or the owner's
3-13     spouse to pay, in addition to any interest or cooperative
3-14     membership fees, fees to any person that are necessary to
3-15     originate, evaluate, maintain, record, insure, or service the
3-16     extension of credit that exceed, in the aggregate, three percent of
3-17     the original principal amount of the extension of credit;
3-18                       (F)  is not a form of open-end account that may
3-19     be debited from time to time or under which credit may be extended
3-20     from time to time;
3-21                       (G)  is payable in advance without penalty or
3-22     other charge;
3-23                       (H)  is not secured by any additional real or
3-24     personal property other than the homestead or cooperative
3-25     membership certificates;
3-26                       (I)  is not secured by homestead property
3-27     designated for agricultural use as provided by statutes governing
 4-1     property tax, unless such homestead property is used primarily for
 4-2     the production of milk;
 4-3                       (J)  may not be accelerated because of a decrease
 4-4     in the market value of the homestead or because of the owner's
 4-5     default under other indebtedness not secured by a prior valid
 4-6     encumbrance against the homestead;
 4-7                       (K)  is the only debt secured by the homestead at
 4-8     the time the extension of credit is made unless the other debt was
 4-9     made for a purpose described by Subsections (a)(1)-(a)(5) of this
4-10     section;
4-11                       (L)  is scheduled to be repaid in substantially
4-12     equal successive monthly installments beginning no later than two
4-13     months from the date the extension of credit is made, each of which
4-14     equals or exceeds the amount of accrued interest as of the date of
4-15     the scheduled installment;
4-16                       (M)  is closed not before:
4-17                             (i)  the 12th day after the later of the
4-18     date that the owner of the homestead submits an application to the
4-19     lender for the extension of credit or the date that the lender
4-20     provides the owner a copy of the notice prescribed by Subsection
4-21     (g) of this section; and
4-22                             (ii)  the first anniversary of the closing
4-23     date of any other extension of credit described by Subsection
4-24     (a)(6) of this section secured by the same homestead property;
4-25                       (N)  is closed only at the office of the lender,
4-26     an attorney at law, or a title company;
4-27                       (O)  permits a lender to contract for and receive
 5-1     any fixed or variable rate of interest authorized under statute;
 5-2                       (P)  is made by one of the following that has not
 5-3     been found by a federal regulatory agency to have engaged in the
 5-4     practice of refusing to make loans because the applicants for the
 5-5     loans reside or the property proposed to secure the loans is
 5-6     located in a certain area:
 5-7                             (i)  a bank, savings and loan association,
 5-8     savings bank, or credit union doing business under the laws of this
 5-9     state or the United States;
5-10                             (ii)  a federally chartered lending
5-11     instrumentality or a person approved as a mortgagee by the United
5-12     States government to make federally insured loans;
5-13                             (iii)  a person licensed to make regulated
5-14     loans, as provided by statute of this state;
5-15                             (iv)  a person who sold the homestead
5-16     property to the current owner and who provided all or part of the
5-17     financing for the purchase; or
5-18                             (v)  a person who is related to the
5-19     homestead property owner within the second degree of affinity or
5-20     consanguinity; and
5-21                       (Q)  is made on the condition that:
5-22                             (i)  the owner of the homestead is not
5-23     required to apply the proceeds of the extension of credit to repay
5-24     another debt except debt secured by the homestead or debt to
5-25     another lender;
5-26                             (ii)  the owner of the homestead not assign
5-27     wages as security for the extension of credit;
 6-1                             (iii)  the owner of the homestead not sign
 6-2     any instrument in which blanks are left to be filled in;
 6-3                             (iv)  the owner of the homestead not sign a
 6-4     confession of judgment or power of attorney to the lender or to a
 6-5     third person to confess judgment or to appear for the owner in a
 6-6     judicial proceeding;
 6-7                             (v)  the lender, at the time the extension
 6-8     of credit is made, provide the owner of the homestead a copy of all
 6-9     documents signed by the owner related to the extension of credit;
6-10                             (vi)  the security instruments securing the
6-11     extension of credit contain a disclosure that the extension of
6-12     credit is the type of credit defined by Section 50(a)(6), Article
6-13     XVI, Texas Constitution;
6-14                             (vii)  within a reasonable time after
6-15     termination and full payment of the extension of credit, the lender
6-16     cancel and return the promissory note to the owner of the homestead
6-17     and give the owner, in recordable form, a release of the lien
6-18     securing the extension of credit or a copy of an endorsement and
6-19     assignment of the lien to a lender that is refinancing the
6-20     extension of credit;
6-21                             (viii)  the owner of the homestead and any
6-22     spouse of the owner may, within three days after the extension of
6-23     credit is made, rescind the extension of credit without penalty or
6-24     charge;
6-25                             (ix)  the owner of the homestead and the
6-26     lender sign a written acknowledgment as to the fair market value of
6-27     the homestead property on the date the extension of credit is made;
 7-1     and
 7-2                             (x)  the lender or any holder of the note
 7-3     for the extension of credit shall forfeit all principal and
 7-4     interest of the extension of credit if the lender or holder fails
 7-5     to comply with the lender's or holder's obligations under the
 7-6     extension of credit within a reasonable time after the lender or
 7-7     holder is notified by the borrower of the lender's failure to
 7-8     comply; or
 7-9                 (7)  a reverse mortgage.
7-10           SECTION 2.  Section 50(g), Article XVI, Texas Constitution,
7-11     is amended to read as follows:
7-12           (g)  An extension of credit described by Subsection (a)(6) of
7-13     this section may be secured by a valid lien against homestead
7-14     property if the extension of credit is not closed before the 12th
7-15     day after the lender provides the owner with the following written
7-16     notice on a separate instrument:
7-17           "NOTICE CONCERNING EXTENSIONS OF CREDIT DEFINED BY SECTION
7-18     50(a)(6), ARTICLE XVI, TEXAS CONSTITUTION:
7-19           "SECTION 50(a)(6), ARTICLE XVI, OF THE TEXAS CONSTITUTION
7-20     ALLOWS CERTAIN LOANS TO BE SECURED AGAINST THE EQUITY IN YOUR HOME.
7-21     SUCH LOANS ARE COMMONLY KNOWN AS EQUITY LOANS. IF YOU DO NOT REPAY
7-22     THE LOAN OR IF YOU FAIL TO MEET THE TERMS OF THE LOAN, THE LENDER
7-23     MAY FORECLOSE AND SELL YOUR HOME. THE CONSTITUTION PROVIDES THAT:
7-24                 "(A)  THE LOAN MUST BE VOLUNTARILY CREATED WITH THE
7-25     CONSENT OF EACH OWNER OF YOUR HOME AND EACH OWNER'S SPOUSE;
7-26                 "(B)  THE PRINCIPAL LOAN AMOUNT AT THE TIME THE LOAN IS
7-27     MADE MUST NOT EXCEED AN AMOUNT THAT, WHEN ADDED TO THE PRINCIPAL
 8-1     BALANCES OF ALL OTHER LIENS AGAINST YOUR HOME, IS MORE THAN 80
 8-2     PERCENT OF THE FAIR MARKET VALUE OF YOUR HOME;
 8-3                 "(C)  THE LOAN MUST BE WITHOUT RECOURSE FOR PERSONAL
 8-4     LIABILITY AGAINST YOU AND YOUR SPOUSE UNLESS YOU OR YOUR SPOUSE
 8-5     OBTAINED THIS EXTENSION OF CREDIT BY ACTUAL FRAUD;
 8-6                 "(D)  THE LIEN SECURING THE LOAN MAY BE FORECLOSED UPON
 8-7     ONLY WITH A COURT ORDER;
 8-8                 "(E)  FEES AND CHARGES TO MAKE THE LOAN, EXCLUDING
 8-9     COOPERATIVE MEMBERSHIP FEES, MAY NOT EXCEED 3 PERCENT OF THE LOAN
8-10     AMOUNT;
8-11                 "(F)  THE LOAN MAY NOT BE AN OPEN-END ACCOUNT THAT MAY
8-12     BE DEBITED FROM TIME TO TIME OR UNDER WHICH CREDIT MAY BE EXTENDED
8-13     FROM TIME TO TIME;
8-14                 "(G)  YOU MAY PREPAY THE LOAN WITHOUT PENALTY OR
8-15     CHARGE;
8-16                 "(H)  NO ADDITIONAL COLLATERAL, OTHER THAN COOPERATIVE
8-17     MEMBERSHIP CERTIFICATES, MAY BE SECURITY FOR THE LOAN;
8-18                 "(I)  THE LOAN MAY NOT BE SECURED BY AGRICULTURAL
8-19     HOMESTEAD PROPERTY, UNLESS THE AGRICULTURAL HOMESTEAD PROPERTY IS
8-20     USED PRIMARILY FOR THE PRODUCTION OF MILK;
8-21                 "(J)  YOU ARE NOT REQUIRED TO REPAY THE LOAN EARLIER
8-22     THAN AGREED SOLELY BECAUSE THE FAIR MARKET VALUE OF YOUR HOME
8-23     DECREASES OR BECAUSE YOU DEFAULT ON ANOTHER LOAN THAT IS NOT
8-24     SECURED BY YOUR HOME;
8-25                 "(K)  ONLY ONE LOAN DESCRIBED BY SECTION 50(a)(6),
8-26     ARTICLE XVI, OF THE TEXAS CONSTITUTION MAY BE SECURED WITH YOUR
8-27     HOME AT ANY GIVEN TIME;
 9-1                 "(L)  THE LOAN MUST BE SCHEDULED TO BE REPAID IN
 9-2     PAYMENTS THAT EQUAL OR EXCEED THE AMOUNT OF ACCRUED INTEREST FOR
 9-3     EACH PAYMENT PERIOD;
 9-4                 "(M)  THE LOAN MAY NOT CLOSE BEFORE 12 DAYS AFTER YOU
 9-5     SUBMIT A WRITTEN APPLICATION TO THE LENDER OR BEFORE 12 DAYS AFTER
 9-6     YOU RECEIVE THIS NOTICE, WHICHEVER DATE IS LATER;  AND IF YOUR HOME
 9-7     WAS SECURITY FOR THE SAME TYPE OF LOAN WITHIN THE PAST YEAR, A NEW
 9-8     LOAN SECURED BY THE SAME PROPERTY MAY NOT CLOSE BEFORE ONE YEAR HAS
 9-9     PASSED FROM THE CLOSING DATE OF THE OTHER LOAN;
9-10                 "(N)  THE LOAN MAY CLOSE ONLY AT THE OFFICE OF THE
9-11     LENDER, TITLE COMPANY, OR AN ATTORNEY AT LAW;
9-12                 "(O)  THE LENDER MAY CHARGE ANY FIXED OR VARIABLE RATE
9-13     OF INTEREST AUTHORIZED BY STATUTE;
9-14                 "(P)  ONLY A LAWFULLY AUTHORIZED LENDER MAY MAKE LOANS
9-15     DESCRIBED BY SECTION 50(a)(6), ARTICLE XVI, OF THE TEXAS
9-16     CONSTITUTION;  AND
9-17                 "(Q)  LOANS DESCRIBED BY SECTION 50(a)(6), ARTICLE XVI,
9-18     OF THE TEXAS CONSTITUTION MUST:
9-19                       "(1)  NOT REQUIRE YOU TO APPLY THE PROCEEDS TO
9-20     ANOTHER DEBT THAT IS NOT SECURED BY YOUR HOME OR TO ANOTHER DEBT TO
9-21     THE SAME LENDER;
9-22                       "(2)  NOT REQUIRE THAT YOU ASSIGN WAGES AS
9-23     SECURITY;
9-24                       "(3)  NOT REQUIRE THAT YOU EXECUTE INSTRUMENTS
9-25     WHICH HAVE BLANKS LEFT TO BE FILLED IN;
9-26                       "(4)  NOT REQUIRE THAT YOU SIGN A CONFESSION OF
9-27     JUDGMENT OR POWER OF ATTORNEY TO ANOTHER PERSON TO CONFESS JUDGMENT
 10-1    OR APPEAR IN A LEGAL PROCEEDING ON YOUR BEHALF;
 10-2                      "(5)  PROVIDE THAT YOU RECEIVE A COPY OF ALL
 10-3    DOCUMENTS YOU SIGN AT CLOSING;
 10-4                      "(6)  PROVIDE THAT THE SECURITY INSTRUMENTS
 10-5    CONTAIN A DISCLOSURE THAT THIS LOAN IS A LOAN DEFINED BY SECTION
 10-6    50(a)(6), ARTICLE XVI, OF THE TEXAS CONSTITUTION;
 10-7                      "(7)  PROVIDE THAT WHEN THE LOAN IS PAID IN FULL,
 10-8    THE LENDER WILL SIGN AND GIVE YOU A RELEASE OF LIEN OR AN
 10-9    ASSIGNMENT OF THE LIEN, WHICHEVER IS APPROPRIATE;
10-10                      "(8)  PROVIDE THAT YOU MAY, WITHIN 3 DAYS AFTER
10-11    CLOSING, RESCIND THE LOAN WITHOUT PENALTY OR CHARGE;
10-12                      "(9)  PROVIDE THAT YOU AND THE LENDER ACKNOWLEDGE
10-13    THE FAIR MARKET VALUE OF YOUR HOME ON THE DATE THE LOAN CLOSES;
10-14    AND
10-15                      "(10)  PROVIDE THAT THE LENDER WILL FORFEIT ALL
10-16    PRINCIPAL AND INTEREST IF THE LENDER FAILS TO COMPLY WITH THE
10-17    LENDER'S OBLIGATIONS."
10-18          If the discussions with the borrower are conducted primarily
10-19    in a language other than English, the lender shall, before closing,
10-20    provide an additional copy of the notice translated into the
10-21    written language in which the discussions were conducted.
10-22          SECTION 3.  This proposed constitutional amendment shall be
10-23    submitted to the voters at an election to be held November 2, 1999.
10-24    The ballot shall be printed to permit voting for or against the
10-25    proposition:  "The constitutional amendment relating to application
10-26    of equity loan law to cooperative membership fees and
10-27    certificates."