81R7547 AJA-D
By: Solomons H.J.R. No. 76
A JOINT RESOLUTION
proposing a constitutional amendment permitting an encumbrance to
be fixed on homestead property for an obligation to pay certain
property owners' association fees and fines without permitting the
forced sale of the homestead.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 50, Article XVI, Texas Constitution, is
amended by adding Subsection (w) to read as follows:
(w) An obligation to pay property owners' association fees
for maintenance and ownership of common facilities and services or
to pay other fees or fines imposed by a property owners' association
is a debt for which an encumbrance may be fixed on homestead
property. The homestead, however, is protected from forced sale
for the payment of a debt described by this subsection.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment permitting an
encumbrance to be fixed on homestead property for an obligation to
pay certain property owners' association fees and fines without
permitting the forced sale of the homestead."