1-1     By:  Harris                                           S.J.R. No. 15
 1-2           (In the Senate - Filed January 13, 1999; February 1, 1999,
 1-3     read first time and referred to Committee on State Affairs;
 1-4     February 15, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 8, Nays 0;
 1-6     February 15, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.J.R. No. 15                   By:  Lucio
 1-8                           SENATE JOINT RESOLUTION
 1-9     proposing a constitutional amendment relating to transactions by an
1-10     incapacitated person in connection with a homestead.
1-11           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 50, Article XVI, Texas Constitution, is
1-13     amended by adding Subsection (t) to read as follows:
1-14           (t)  If this section requires consent or execution of a lien,
1-15     contract, or other instrument by the owner of the homestead or that
1-16     owner's spouse and the owner or spouse is considered or presumed
1-17     incapacitated, the consent or execution may be obtained as provided
1-18     by law and a third party may rely on the consent or execution.
1-19     This subsection does not impair the ability or right of an owner or
1-20     spouse to execute a power of attorney as provided by law in
1-21     connection with the consent or execution of a lien, contract, or
1-22     other instrument relating to the homestead.
1-23           SECTION 2.  This proposed constitutional amendment shall be
1-24     submitted to the voters at an election to be held November 2, 1999.
1-25     The ballot shall be printed to permit voting for or against the
1-26     proposition:  "The constitutional amendment providing that the law
1-27     that applies to the giving of consent or execution of a lien,
1-28     contract, or other instrument by an incapacitated person applies to
1-29     the giving of consent or the execution of a lien, contract, or
1-30     other instrument relating to a homestead."
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