81R11175 PMO-D By: Paxton H.B. No. 3767 A BILL TO BE ENTITLED AN ACT relating to property designated as homestead property transferred into an inter vivos trust. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 41, Property Code, is amended by adding Section 41.0021 to read as follows: Sec. 41.0021. TRANSFER OF PROPERTY INTO INTER VIVOS TRUST; EFFECT ON HOMESTEAD DESIGNATION. A trustee may transfer by warranty deed real property designated as a homestead into an inter vivos trust without affecting the homestead designation of the property if the trust settlor is a beneficiary of the trust. SECTION 2. This Act applies only to a transfer that is effective on or after the effective date of this Act. A transfer that is effective before the effective date of this Act is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2009.