By Ellis S.B. No. 1553
76R4136 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to use of homestead property to secure debts of decedents'
1-3 estates.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 270, Texas Probate Code, is amended to
1-6 read as follows:
1-7 Sec. 270. LIABILITY OF HOMESTEAD FOR DEBTS. The homestead
1-8 shall not be liable for the payment of any of the debts of the
1-9 estate, except for:
1-10 (1) the purchase money thereof; [,]
1-11 (2) the taxes due thereon; [, or]
1-12 (3) work and material used in constructing
1-13 improvements thereon if the requirements of Section 50(a)(5),
1-14 Article XVI, Texas Constitution, are met;
1-15 (4) an owelty of partition imposed against the
1-16 entirety of the property by court order or by a written agreement
1-17 of the parties to the partition, including a debt of one spouse in
1-18 favor of the other spouse resulting from a division or an award of
1-19 a family homestead in a divorce proceeding;
1-20 (5) the refinance of a lien against a homestead,
1-21 including a federal tax lien resulting from the tax debt of both
1-22 spouses, if the homestead is a family homestead, or from the tax
1-23 debt of the decedent; or
1-24 (6) an extension of credit on the homestead if the
2-1 requirements of Section 50(a)(6), Article XVI, Texas Constitution,
2-2 are met [; and in this last case only when the work and material
2-3 are contracted for in writing, with the consent of both spouses
2-4 given in the same manner as required in making a sale and
2-5 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.