1-1 By: Harris S.B. No. 496
1-2 (In the Senate - Filed February 12, 1999; February 15, 1999,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 15, 1999, reported favorably, as amended, by the following
1-5 vote: Yeas 8, Nays 0; March 15, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Shapleigh
1-7 Amend S.B. No. 496 as follows:
1-8 (1) Add a new Section 4 to read as follows:
1-9 "SECTION 4. Subsection (a), Section 5.042, Property Code, is
1-10 amended to read as follows:
1-11 (a) The common-law rules known as the rule in Shelley's
1-12 case, the rule forbidding a remainder to the grantor's heirs, [and]
1-13 the doctrine of worthier title, and the doctrine or rule
1-14 prohibiting an existing lien upon part of a homestead from
1-15 extending to another part of the homestead not charged with the
1-16 debts secured by the existing lien upon part of the homestead do
1-17 not apply in this state."
1-18 (2) In existing SECTION 4 (Introduced version page 2,
1-19 line 7), strike "Section 2 of this Act takes" and substitute
1-20 "Sections 2 and 4 of this Act take"
1-21 (3) In existing SECTION 5, in the first and second sentences
1-22 of Subsection (a) (Introduced version page 2, lines 9 and 16),
1-23 strike "5 of this Act" and substitute "6 of this Act"
1-24 (4) Renumber SECTIONS accordingly
1-25 COMMITTEE AMENDMENT NO. 2 By: Brown
1-26 Amend S.B. No. 496 as follows:
1-27 (1) On lines 38 and 39, after the words "an urban home",
1-28 insert the following: "or as both an urban home and a place to
1-29 exercise a calling or business"
1-30 A BILL TO BE ENTITLED
1-31 AN ACT
1-32 relating to increasing the maximum size of an urban homestead to 10
1-33 acres and prescribing permissible uses of rural and urban
1-34 homesteads.
1-35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-36 SECTION 1. Subsection (a), Section 41.002, Property Code, is
1-37 amended to read as follows:
1-38 (a) If used for the purposes of an urban home [or as a place
1-39 to exercise a calling or business in the same urban area], the
1-40 homestead of a family or a single, adult person, not otherwise
1-41 entitled to a homestead, shall consist of not more than 10 acres
1-42 [one acre] of land which may be in one or more contiguous lots,
1-43 together with any improvements thereon.
1-44 SECTION 2. Subsection (c), Section 41.002, Property Code, is
1-45 amended to read as follows:
1-46 (c) A homestead is considered to be urban [rural] if, at the
1-47 time the designation is made, the property is:
1-48 (1) located within the limits of a municipality or its
1-49 extraterritorial jurisdiction or a platted subdivision; and
1-50 (2) served by police protection, paid or volunteer
1-51 fire protection, and at least three of the following services
1-52 provided by a municipality or under contract to a municipality:
1-53 (A) electric;
1-54 (B) natural gas;
1-55 (C) sewer;
1-56 (D) storm sewer; and
1-57 (E) water [not served by municipal utilities and
1-58 fire and police protection].
1-59 SECTION 3. Subsection (b), Section 41.005, Property Code, is
1-60 amended to read as follows:
1-61 (b) If an urban homestead of a family, or an urban homestead
2-1 of a single adult person not otherwise entitled to a homestead, is
2-2 part of one or more contiguous lots containing a total of more than
2-3 10 acres [one acre], the head of the family and, if married, that
2-4 person's spouse or the single adult person, as applicable, may
2-5 voluntarily designate not more than 10 acres [one acre] of the
2-6 property as the homestead.
2-7 SECTION 4. Section 2 of this Act takes effect September 1,
2-8 1999.
2-9 SECTION 5. (a) Sections 1, 3, and 5 of this Act take effect
2-10 January 1, 2000, but only if the constitutional amendment proposed
2-11 by the 76th Legislature, Regular Session, 1999, relating to
2-12 increasing the maximum size of an urban homestead to 10 acres,
2-13 prescribing permissible uses of urban homesteads, and preventing
2-14 the overburdening of a homestead, is approved by the voters. If
2-15 the proposed constitutional amendment is not approved by the
2-16 voters, Sections 1, 3, and 5 of this Act have no effect.
2-17 (b) The change in law made by Sections 1 and 3 of this Act
2-18 applies to execution under a writ of execution issued on or after
2-19 January 1, 2000. Execution under a writ of execution issued before
2-20 January 1, 2000, is governed by the law in effect on the date the
2-21 writ of execution was issued, and the prior law is continued in
2-22 effect for that purpose.
2-23 (c) The change in law made by Sections 1 and 3 of this Act
2-24 does not affect the validity of a voluntary or involuntary lien on
2-25 real property that was acquired before January 1, 2000. A
2-26 voluntary or involuntary lien on real property that was acquired
2-27 before January 1, 2000, is governed by the law in effect on the
2-28 date that the lien was acquired, and the prior law is continued in
2-29 effect for that purpose.
2-30 (d) The change in law made by Sections 1 and 3 of this Act
2-31 does not affect the exemption from seizure of the sale proceeds of
2-32 a homestead under Subsection (c), Section 41.001, Property Code, on
2-33 real property that was sold before January 1, 2000. The exemption
2-34 from seizure of the sale proceeds of a homestead on real property
2-35 that was sold before January 1, 2000, is governed by the law in
2-36 effect on the date that the property was sold, and the prior law is
2-37 continued in effect for that purpose.
2-38 SECTION 6. The importance of this legislation and the
2-39 crowded condition of the calendars in both houses create an
2-40 emergency and an imperative public necessity that the
2-41 constitutional rule requiring bills to be read on three several
2-42 days in each house be suspended, and this rule is hereby suspended.
2-43 * * * * *