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A JOINT RESOLUTION
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proposing a constitutional amendment permitting an encumbrance to |
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be fixed on homestead property for an obligation to pay certain |
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property owners' association fees and prohibiting the forced sale |
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of the homestead to pay those fees unless authorized by the members |
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of the association in accordance with general law. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 50, Article XVI, Texas Constitution, is |
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amended by adding Subsection (w) to read as follows: |
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(w) An obligation to pay property owners' association fees |
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for maintenance and ownership of common facilities and services or |
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to pay other fees imposed by a property owners' association is a |
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debt for which an encumbrance may be fixed on homestead property. |
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On and after April 1, 2010, a homestead is protected from forced |
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sale for the payment of a debt described by this subsection unless |
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the forced sale of the homestead for the payment of the debt is |
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authorized by the members of the association in accordance with |
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requirements the legislature may provide by general law. |
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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 3, 2009. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment permitting an |
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encumbrance to be fixed on homestead property for an obligation to |
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pay certain property owners' association fees and prohibiting the |
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forced sale of the homestead to pay those fees unless authorized by |
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the members of the association in accordance with general law." |