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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 fines without permitting the |
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forced sale of the homestead. |
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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 or fines imposed by a property owners' association |
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is a debt for which an encumbrance may be fixed on homestead |
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property. The homestead, however, is protected from forced sale |
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for the payment of a debt described by this subsection. |
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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 fines without |
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permitting the forced sale of the homestead." |