HBA-SEB H.J.R. 36 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.J.R. 36
By: Goodman
Juvenile Justice and Family Issues
2/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person who is married or about to marry is authorized to enter
into a marital agreement converting community property to separate
property, but spouses cannot convert separate property to community
property.  Upon death, separate property is taxed more heavily by the
federal government than community property.  As proposed, H.J.R. 36
requires the submission to the voters of a constitutional amendment
authorizing spouses to agree in writing that all or part of the separate
property owned by either or both of them shall be the spouses' community
property. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 15, Article XVI, Texas Constitution, to
authorize spouses to agree in writing that all or part of the separate
property owned by either or both of them shall be the spouses' community
property.  Makes a conforming change. 

SECTION 2.  Requires this proposed constitutional amendment to be submitted
to the voters at an election to be held on November 2, 1999.  Sets forth
the required language for the ballot.