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A JOINT RESOLUTION
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proposing a constitutional amendment to include a certain type of |
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structure as a homestead protected from certain types of forced |
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sale. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51, Article 16, Texas Constitution, is |
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amended to read as follows: |
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Sec. 51. The homestead, not in a town or city, shall consist |
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of not more than two hundred acres of land, which may be in one or |
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more parcels, with the improvements thereon; the homestead in a |
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city, town or village, shall consist of lot or contiguous lots |
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amounting to not more than 10 acres of land, together with any |
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improvements on the land; provided, that the homestead in a city, |
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town or village shall be used for the purposes of a home, or as both |
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an urban home and a place to exercise a calling or business, of the |
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homestead claimant, whether a single adult person, or the head of a |
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family; provided that a structure not affixed to land that is |
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designed or adapted for human residence, is used as a residence, and |
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is occupied by the homestead claimant as the claimant's principal |
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residence is a homestead; provided also, that any temporary renting |
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of the homestead shall not change the character of the same, when no |
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other homestead has been acquired; provided further that a release |
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or refinance of an existing lien against a homestead as to a part of |
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the homestead does not create an additional burden on the part of |
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the homestead property that is unreleased or subject to the |
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refinance, and a new lien is not invalid only for that reason. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 6, 2007. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment allowing certain |
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structures not affixed to land to be considered homesteads |
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protected from certain types of forced sale." |