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." 1-31 * * * * *