HBA-NLM H.B. 1221 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1221
By: Brimer
Financial Institutions
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Section 41.002 (Interests in Land), Property Code, provides that
the homestead of a family cannot consist of more than one acre of land if
used for the purposes of an urban home. Many residents of Texas live in
urban areas on tracts of land that exceed one acre, and are therefore
constitutionally prevented from using the equity in their homes. Current
law prohibits the use of collateral other than the homestead as security
for a home equity loan. H.B. 1221 establishes that the maximum size of the
homestead  is 10 acres, rather than one acre, and specifies the criteria
that define an urban homestead.  In conjunction with H.J.R. 43, this bill
effectively allows a person to claim up to 10 acres as an urban homestead
exemption. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 41.002(a), Property Code, as follows:

(a) Increases the existing maximum size of a homestead  from only one acre
of land to 10 acres of land, which may be in one or more contiguous lots,
together with any improvements thereon. Deletes language that extends the
existing provisions of this subsection to a place to exercise a calling or
business in the same urban area. 

SECTION 2.  Amends Section 41.002(c), Property Code, as follows:

(c) Provides that a homestead is considered to be urban, rather than rural
if, at the time the designation is made, the property is: 

(1) located within the limits of a municipality or its extraterritorial
jurisdiction or a platted subdivision; and 

(2) served by police protection, paid or volunteer fire protection, and if
at least three of the following services are provided by a municipality or
under contract to a municipality: electric, natural gas, sewer, storm
sewer, and water.  Deletes existing text. 

Makes a nonsubstantive change.

SECTION 3.  Amends Section 41.005(b), Property Code, to make conforming
changes. 

SECTION 4.  Provides that Section 2 of this Act takes effect September 1,
1999. 

SECTION 5. (a) Provides that Sections 1, 3, and 5 of this Act take effect
January 1, 2000, but only if  the constitutional amendment proposed by the
76th Legislature, Regular Session, 1999, relating to increasing the maximum
size of an urban homestead to 10 acres,  prescribing permissible uses of
urban homesteads, and preventing the overburdening of a homestead, is
approved by the voters.  If the proposed constitutional amendment is not
approved by the voters, Sections 1, 3, and 5 of this Act  have no effect. 
(b)  Makes application of Sections 1 and 3 of this Act prospective as of
January 1, 2000. 

(c)  Provides that the change in law made by Sections 1 and 3 of this Act
does not affect the validity of a voluntary or involuntary lien on real
property that was acquired before January 1, 2000. 

(d)  Provides that the change in law made by Sections 1 and 3 of this Act
does not affect the exemption from seizure of the sale proceeds of a
homestead under Section 41.001(c), Property Code, on real property that was
sold before January 1, 2000. 

SECTION 6.  Emergency clause.