AN ACT
1-1 relating to use of homestead property to secure debts of decedents'
1-2 estates.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 270, Texas Probate Code, is amended to
1-5 read as follows:
1-6 Sec. 270. LIABILITY OF HOMESTEAD FOR DEBTS. The homestead
1-7 shall not be liable for the payment of any of the debts of the
1-8 estate, except for:
1-9 (1) the purchase money thereof;
1-10 (2) [,] the taxes due thereon;
1-11 (3) [, or] work and material used in constructing
1-12 improvements thereon if the requirements of Section 50(a)(5),
1-13 Article XVI, Texas Constitution, are met;
1-14 (4) an owelty of partition imposed against the
1-15 entirety of the property by court order or by a written agreement
1-16 of the parties to the partition, including a debt of one spouse in
1-17 favor of the other spouse resulting from a division or an award of
1-18 a family homestead in a divorce proceeding;
1-19 (5) the refinance of a lien against a homestead,
1-20 including a federal tax lien resulting from the tax debt of both
1-21 spouses, if the homestead is a family homestead, or from the tax
1-22 debt of the decedent;
1-23 (6) an extension of credit on the homestead if the
1-24 requirements of Section 50(a)(6), Article XVI, Texas Constitution,
2-1 are met; or
2-2 (7) a reverse mortgage [and in this last case only
2-3 when the work and material are contracted for in writing, with the
2-4 consent of both spouses given in the same manner as required in
2-5 making a sale and conveyance of the homestead].
2-6 SECTION 2. The changes in law made by this Act apply only to
2-7 the estate of a person who dies on or after the effective date of
2-8 this Act. An estate of a person who dies before the effective date
2-9 of this Act is governed by the law in effect on the date of the
2-10 person's death, and the former law is continued in effect for that
2-11 purpose.
2-12 SECTION 3. This Act takes effect September 1, 1999.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1553 passed the Senate on
April 8, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1553 passed the House on
May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor