| 1 | 1 | | 89R875 MLH-F |
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| 2 | 2 | | By: Johnson S.J.R. No. 35 |
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| 7 | 7 | | A JOINT RESOLUTION |
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| 8 | 8 | | proposing a constitutional amendment to repeal the constitutional |
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| 9 | 9 | | provision providing that marriage in this state consists only of |
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| 10 | 10 | | the union of one man and one woman and prohibiting this state or a |
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| 11 | 11 | | political subdivision of this state from creating or recognizing |
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| 12 | 12 | | any legal status identical or similar to marriage, and to change |
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| 13 | 13 | | certain terminology used to refer to the parties to a marriage. |
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| 14 | 14 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 32, Article I, Texas Constitution, is |
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| 16 | 16 | | repealed. |
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| 17 | 17 | | SECTION 2. Section 52, Article XVI, Texas Constitution, is |
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| 18 | 18 | | amended to read as follows: |
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| 19 | 19 | | Sec. 52. On the death of one [the husband or wife,] or both |
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| 20 | 20 | | spouses, the homestead shall descend and vest in like manner as |
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| 21 | 21 | | other real property of the deceased, and shall be governed by the |
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| 22 | 22 | | same laws of descent and distribution, but it shall not be |
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| 23 | 23 | | partitioned among the heirs of the deceased during the lifetime of |
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| 24 | 24 | | the surviving spouse [husband or wife], or so long as the survivor |
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| 25 | 25 | | [surviver] may elect to use or occupy the same as a homestead, or so |
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| 26 | 26 | | long as the guardian of the minor children of the deceased may be |
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| 27 | 27 | | permitted, under the order of the proper court having the |
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| 28 | 28 | | jurisdiction, to use and occupy the same. |
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| 29 | 29 | | SECTION 3. This proposed constitutional amendment shall be |
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| 30 | 30 | | submitted to the voters at an election to be held November 4, 2025. |
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| 31 | 31 | | The ballot shall be printed to permit voting for or against the |
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| 32 | 32 | | proposition: "The constitutional amendment repealing the |
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| 33 | 33 | | constitutional provision providing that marriage in this state |
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| 34 | 34 | | consists only of the union of one man and one woman and prohibiting |
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| 35 | 35 | | this state or a political subdivision of this state from creating or |
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| 36 | 36 | | recognizing any legal status identical or similar to marriage, and |
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| 37 | 37 | | changing certain terminology used to refer to the parties to a |
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| 38 | 38 | | marriage." |
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