By Dutton                                             H.J.R. No. 48
         77R2299 PAM-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment permitting an encumbrance to
 1-2     be fixed on homestead property for an obligation to pay  certain
 1-3     property owners' association fees without permitting the forced
 1-4     sale of the homestead.
 1-5           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 50, Article XVI, Texas Constitution, is
 1-7     amended by adding Subsection (t) to read as follows:
 1-8           (t)  An obligation to pay property owners' association fees
 1-9     for maintenance and ownership of common facilities and services is
1-10     a debt for which an encumbrance may be fixed on homestead property.
1-11     The homestead, however, is protected from forced sale for the
1-12     payment of a debt described by this subsection.
1-13           SECTION 2.  This proposed constitutional amendment shall be
1-14     submitted to the voters at an election to be held November 6, 2001.
1-15     The ballot shall be printed to permit voting for or against the
1-16     proposition:  "The constitutional amendment permitting an
1-17     encumbrance to be fixed on homestead property for an obligation to
1-18     pay certain property owners' association fees without permitting
1-19     the forced sale of the homestead."