81R22843 AJA-D
By: Solomons, et al. H.J.R. No. 76
Substitute the following for H.J.R. No. 76:
By: Miller of Erath C.S.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 prohibiting the forced sale
of the homestead to pay those fees unless authorized by the members
of the association in accordance with general law.
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 imposed by a property owners' association is a
debt for which an encumbrance may be fixed on homestead property.
On and after April 1, 2010, a homestead is protected from forced
sale for the payment of a debt described by this subsection unless
the forced sale of the homestead for the payment of the debt is
authorized by the members of the association in accordance with
requirements the legislature may provide by general law.
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 prohibiting the
forced sale of the homestead to pay those fees unless authorized by
the members of the association in accordance with general law."