SRC-MKV S.J.R. 53 77(R)   BILL ANALYSIS


Senate Research Center   S.J.R. 53
77R15056 PAM-DBy: Lindsay
Intergovernmental Relations
5/3/2001
As Filed


DIGEST AND PURPOSE 

Recently, there have been some instances in which Texas homeowners
associations have abused their powers, including their ability to foreclose
on private property against members who fail to pay certain fees or
citations.  As proposed, S.J.R. 53 requires the submission to the voters of
a constitutional amendment permitting an encumbrance to be fixed on
homestead property for property owners' association fees, without
permitting the forced sale of the homestead. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 50, Article XVI, Texas Constitution, by adding
Subsection (t), to provide that an obligation to pay property owners'
association fees for maintenance and ownership of common facilities and
services is a debt for which an encumbrance may be fixed on homestead
property.  Provides that the homestead, however, is protected from forced
sale for the payment of a debt described by this subsection. 

SECTION 2.  Requires that this constitutional amendment be put before the
voters in an election on November 6, 2001.  Requires the ballot be printed
to permit a person to vote for or against the proposition and sets forth
specific wording to be contained on the ballot.