HBA-RBT S.B. 1553 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1553
By: Ellis
Judicial Affairs
5/10/1999
Engrossed



BACKGROUND AND PURPOSE 

State law regarding the liability of homestead debt has been revised
several times, including a revision by the home equity lending legislation
passed by the 75th Legislature.  S.B. 1553 would conform the Texas Probate
Code to the recently enacted homestead liability laws of the State of
Texas. 

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 270, Texas Probate Code, to set forth exceptions
to the prohibition that a homestead shall not be liable for the payment of
any of the debts of the estate, including an exception to certain work and
material used in construction, certain debts imposed by a court order,
certain liens, an extension of certain credit on the homestead, or a
reverse mortgage.  Deletes text regarding qualifications for the exception
of certain work and material used in construction. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.