Texas 2013 - 83rd Regular

Texas House Bill HJR53

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Sent toSOS
 
Proposed Const. Amend.
 

Caption

Proposing a constitutional amendment authorizing a court to partition the community property and to characterize future earnings of spouses as separate property on legal separation of the spouses.

Impact

The proposed amendment would amend Section 15 of Article XVI of the Texas Constitution, enabling courts to divide community property and income derived from that property as separate during separation proceedings. This change is intended to ensure that spouses can have more control over their individual financial futures post-separation, thus potentially altering the landscape of marital property law in Texas and affecting how property disputes are resolved in divorce cases.

Summary

HJR53 proposes a constitutional amendment to authorize courts to partition community property and to classify future earnings of spouses as separate property during legal separations. This amendment seeks to clarify and define the rights of spouses concerning both community and separate property. By allowing courts the power to facilitate the division of property and earnings, it aims to provide clear legal frameworks in marital separations, which could significantly impact divorce proceedings in Texas.

Sentiment

The general sentiment surrounding HJR53 appears to be supportive among those advocating for transparency and clearer legal avenues within marital property disputes. Proponents argue that the ability to partition community property could provide necessary protections for individuals during difficult separations. However, there may also be concerns regarding the implications of such changes reflected in ongoing debates about marriage laws and property rights.

Contention

Notable points of contention regarding HJR53 revolve around the balance of rights between spouses in the context of community property. Critics may express concerns that the amendment could lead to unintended consequences in managing marital finances, particularly in cases where one spouse may be at a financial disadvantage. Additionally, there may be discussions on how such amendments could influence the dynamics of marital agreements and the nature of individual versus joint ownership.

Companion Bills

TX HB190

Enabled by Relating to a suit for legal separation in a marriage.

Previously Filed As

TX HJR20

Proposing a constitutional amendment authorizing the legislature to provide for exceptions to the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.

TX HJR124

Proposing a constitutional amendment to remove the requirement that a home equity loan be closed only at the office of the lender, an attorney at law, or a title company.

TX SJR39

Proposing a constitutional amendment authorizing the legislature to legalize wagering in this state on certain sporting events.

TX HJR29

Proposing a constitutional amendment providing that a residence homestead is not subject to seizure or sale for delinquent ad valorem taxes.

TX HJR102

Proposing a constitutional amendment authorizing the legislature to legalize wagering in this state on certain sporting events and requiring the legislature to dedicate to property tax relief at least 98 percent of the net state tax revenue generated from the wagering on sporting events.

TX HJR26

Proposing a constitutional amendment concerning the right to repurchase real property acquired through eminent domain.

TX SJR33

Proposing a constitutional amendment to require that future constitutional amendments become effective only if approved by a majority of the voters in at least three-fourths of the counties of the state.

TX HJR65

Proposing a constitutional amendment to authorize the legislature to limit the maximum appraised value of commercial property and rental property for ad valorem taxation.

TX HJR5

Proposing a constitutional amendment to authorize the legislature to limit the maximum appraised value of commercial property and rental property for ad valorem taxation.

TX HJR8

Proposing a constitutional amendment to authorize the legislature to limit the maximum appraised value of commercial property and rental property for ad valorem taxation.

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HI HB1398

Relating To Property.