By Harris S.B. No. 496
76R5515 MLS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to increasing the maximum size of an urban homestead to 10
1-3 acres and prescribing permissible uses of rural and urban
1-4 homesteads.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 41.002(a), Property Code, is amended to
1-7 read as follows:
1-8 (a) If used for the purposes of an urban home [or as a place
1-9 to exercise a calling or business in the same urban area], the
1-10 homestead of a family or a single, adult person, not otherwise
1-11 entitled to a homestead, shall consist of not more than 10 acres
1-12 [one acre] of land which may be in one or more contiguous lots,
1-13 together with any improvements thereon.
1-14 SECTION 2. Section 41.002(c), Property Code, is amended to
1-15 read as follows:
1-16 (c) A homestead is considered to be urban [rural] if, at the
1-17 time the designation is made, the property is:
1-18 (1) located within the limits of a municipality or its
1-19 extraterritorial jurisdiction or a platted subdivision; and
1-20 (2) served by police protection, paid or volunteer
1-21 fire protection, and at least three of the following services
1-22 provided by a municipality or under contract to a municipality:
1-23 (A) electric;
1-24 (B) natural gas;
2-1 (C) sewer;
2-2 (D) storm sewer; and
2-3 (E) water [not served by municipal utilities and
2-4 fire and police protection].
2-5 SECTION 3. Section 41.005(b), Property Code, is amended to
2-6 read as follows:
2-7 (b) If an urban homestead of a family, or an urban homestead
2-8 of a single adult person not otherwise entitled to a homestead, is
2-9 part of one or more contiguous lots containing a total of more than
2-10 10 acres [one acre], the head of the family and, if married, that
2-11 person's spouse or the single adult person, as applicable, may
2-12 voluntarily designate not more than 10 acres [one acre] of the
2-13 property as the homestead.
2-14 SECTION 4. Section 2 of this Act takes effect September 1,
2-15 1999.
2-16 SECTION 5. (a) Sections 1, 3, and 5 of this Act take effect
2-17 January 1, 2000, but only if the constitutional amendment proposed
2-18 by the 76th Legislature, Regular Session, 1999, relating to
2-19 increasing the maximum size of an urban homestead to 10 acres,
2-20 prescribing permissible uses of urban homesteads, and preventing
2-21 the overburdening of a homestead, is approved by the voters. If
2-22 the proposed constitutional amendment is not approved by the
2-23 voters, Sections 1, 3, and 5 of this Act have no effect.
2-24 (b) The change in law made by Sections 1 and 3 of this Act
2-25 applies to execution under a writ of execution issued on or after
2-26 January 1, 2000. Execution under a writ of execution issued before
2-27 January 1, 2000, is governed by the law in effect on the date the
3-1 writ of execution was issued, and the prior law is continued in
3-2 effect for that purpose.
3-3 (c) The change in law made by Sections 1 and 3 of this Act
3-4 does not affect the validity of a voluntary or involuntary lien on
3-5 real property that was acquired before January 1, 2000. A
3-6 voluntary or involuntary lien on real property that was acquired
3-7 before January 1, 2000, is governed by the law in effect on the
3-8 date that the lien was acquired, and the prior law is continued in
3-9 effect for that purpose.
3-10 (d) The change in law made by Sections 1 and 3 of this Act
3-11 does not affect the exemption from seizure of the sale proceeds of
3-12 a homestead under Section 41.001(c), Property Code, on real
3-13 property that was sold before January 1, 2000. The exemption from
3-14 seizure of the sale proceeds of a homestead on real property that
3-15 was sold before January 1, 2000, is governed by the law in effect
3-16 on the date that the property was sold, and the prior law is
3-17 continued in effect for that purpose.
3-18 SECTION 6. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.