Texas 2015 - 84th Regular

Texas House Bill HJR47

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

If passed, this resolution would require amendments to Section 15, Article XVI of the Texas Constitution. It emphasizes the importance of defining the nature of property in the context of legal separation and illustrates the court's role in adjudicating property disputes between spouses. By allowing courts to classify future earnings as separate property, this amendment would alter the landscape of marital property rights in Texas, giving individuals more control over their financial futures after separation.

Summary

HJR47 is a joint resolution proposing a constitutional amendment that seeks to authorize courts in Texas to partition community property and classify future earnings of spouses as separate property upon legal separation. This amendment aims to clarify the rights of spouses regarding their property ownership, which is especially pertinent in cases of divorce or separation. It suggests that spouses can agree in writing on the division of their property, allowing greater flexibility in managing their assets during legal separations.

Contention

The proposed amendment may lead to significant changes in how community property is treated in Texas, sparking concerns about potential disputes over property rights. While this bill advocates for increased clarity and fairness in property division during separation, opponents may argue that it could disadvantage one spouse, particularly if the other is viewed as having greater earning potential. Balancing these competing interests is likely to be a focal point of discussion if the amendment is brought to a vote.

Companion Bills

TX HB354

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.

Similar Bills

CA AB2013

Property taxation: new construction: damaged or destroyed property.

CA AB1500

Property taxation: application of base year value: disaster relief.

CA AB245

Property taxation: application of base year value: disaster relief.

DC B25-0486

Uniform Community Property Disposition at Death Act of 2023

CA SB964

Property tax: tax-defaulted property sales.

CA SB603

Property taxation: transfer of base year value: disaster relief.

CA SB1091

Property taxation: transfer of base year value: disaster relief.

HI HB1398

Relating To Property.