| 1 | 1 | | 81R22843 AJA-D |
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| 2 | 2 | | By: Solomons, et al. H.J.R. No. 76 |
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| 3 | 3 | | Substitute the following for H.J.R. No. 76: |
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| 4 | 4 | | By: Miller of Erath C.S.H.J.R. No. 76 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A JOINT RESOLUTION |
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| 8 | 8 | | proposing a constitutional amendment permitting an encumbrance to |
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| 9 | 9 | | be fixed on homestead property for an obligation to pay certain |
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| 10 | 10 | | property owners' association fees and prohibiting the forced sale |
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| 11 | 11 | | of the homestead to pay those fees unless authorized by the members |
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| 12 | 12 | | of the association in accordance with general law. |
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| 13 | 13 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 50, Article XVI, Texas Constitution, is |
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| 15 | 15 | | amended by adding Subsection (w) to read as follows: |
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| 16 | 16 | | (w) An obligation to pay property owners' association fees |
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| 17 | 17 | | for maintenance and ownership of common facilities and services or |
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| 18 | 18 | | to pay other fees imposed by a property owners' association is a |
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| 19 | 19 | | debt for which an encumbrance may be fixed on homestead property. |
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| 20 | 20 | | On and after April 1, 2010, a homestead is protected from forced |
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| 21 | 21 | | sale for the payment of a debt described by this subsection unless |
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| 22 | 22 | | the forced sale of the homestead for the payment of the debt is |
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| 23 | 23 | | authorized by the members of the association in accordance with |
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| 24 | 24 | | requirements the legislature may provide by general law. |
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| 25 | 25 | | SECTION 2. This proposed constitutional amendment shall be |
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| 26 | 26 | | submitted to the voters at an election to be held November 3, 2009. |
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| 27 | 27 | | The ballot shall be printed to permit voting for or against the |
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| 28 | 28 | | proposition: "The constitutional amendment permitting an |
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| 29 | 29 | | encumbrance to be fixed on homestead property for an obligation to |
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| 30 | 30 | | pay certain property owners' association fees and prohibiting the |
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| 31 | 31 | | forced sale of the homestead to pay those fees unless authorized by |
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| 32 | 32 | | the members of the association in accordance with general law." |
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