By:  Carona, Ellis                                    S.J.R. No. 12
                               SENATE JOINT RESOLUTION
 1-1     proposing a constitutional amendment relating to the making of
 1-2     advances under and payment of a reverse mortgage.
 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsections (k) and (p), Section 50, Article XVI,
 1-5     Texas Constitution, are amended to read as follows:
 1-6           (k)  "Reverse mortgage" means an extension of credit:
 1-7                 (1)  that is secured by a voluntary lien on homestead
 1-8     property created by a written agreement with the consent of each
 1-9     owner and each owner's spouse;
1-10                 (2)  that is made to a person who is or whose spouse is
1-11     62 [55] years or older;
1-12                 (3)  that is made without recourse for personal
1-13     liability against each owner and the spouse of each owner;
1-14                 (4)  under which advances are provided to a borrower
1-15     based on the equity in a borrower's homestead or the value of the
1-16     borrower's homestead;
1-17                 (5)  that does not permit the lender to reduce the
1-18     amount or number of advances because of an adjustment in the
1-19     interest rate if periodic advances are to be made;
1-20                 (6)  that requires no payment of principal or interest
1-21     until:
1-22                       (A)  all borrowers have died;
1-23                       (B)  the homestead property securing the loan is
1-24     sold or otherwise transferred; [or]
 2-1                       (C) [(B)]  all borrowers cease occupying the
 2-2     homestead property [as a principal residence] for a period of
 2-3     longer than 12 consecutive months [more than 180 consecutive days
 2-4     and the location of the homestead property owner is unknown to the
 2-5     lender]; or
 2-6                       (D)  the borrower:
 2-7                             (i)  defaults on an obligation specified in
 2-8     the loan documents to repair and maintain, pay taxes on, or insure
 2-9     the homestead property;
2-10                             (ii)  fails to maintain the priority status
2-11     of the lien; or
2-12                             (iii)  commits actual fraud in connection
2-13     with the loan;
2-14                 (7)  that provides that if the lender fails to make
2-15     loan advances as required in the loan documents and if the lender
2-16     fails to cure the default as required in the loan documents after
2-17     notice from the borrower, the lender forfeits all principal and
2-18     interest of the reverse mortgage; and
2-19                 (8)  that is not made unless the owner of the homestead
2-20     attests in writing that the owner received counseling regarding the
2-21     advisability and availability of reverse mortgages and other
2-22     financial alternatives.
2-23           (p)  The advances made on a reverse mortgage loan under which
2-24     more than one advance is made must be made [at regular intervals]
2-25     according to the terms [a plan] established by the [original] loan
2-26     documents by one or more of the following methods:
 3-1                 (1)  at regular intervals; or
 3-2                 (2)  at any time:
 3-3                       (A)  on request of the borrower; or
 3-4                       (B)  by the lender, on behalf of the borrower, to
 3-5     pay any cost, fee, or other charge the borrower is obligated to pay
 3-6     under the loan documents [agreement].
 3-7           SECTION 2.  This proposed constitutional amendment shall be
 3-8     submitted to the voters at an election to be held November 2, 1999.
 3-9     The ballot shall be printed to permit voting for or against the
3-10     proposition:  "The constitutional amendment relating to the making
3-11     of advances under a reverse mortgage and payment of a reverse
3-12     mortgage."