Texas Homestead By Christy Treviño: Legislative History

Since searching legislative history can be very long and entail several documents, I have provided several resources that you can use to get the legislative history for homestead or any other laws you wish to search. 

Senate Bill 1943 - This article addresses the beginning of Homestead Legislation in Texas and discusses the changes to the Texas Property Tax Code. This Bill was finally adopted in 2019 and reformed the law in several ways. In particular this article breaks down the legislative intent. 

Tax Code- This is the  Property Tax Code, it includes Taxable Property and Exemptions. Below each section provides the legislative history of each Act and Amendments adopted to each section, with links to each Act. 

LegiScan- Search Engine- This provides a search engine to look up the certain Bills. If you do not have the specific bill number you can search based on key words. 

Texas Legislature- This will take you to the Texas Legislature Online where you can look up Bills, Statutes, Amendments, the Administrative Code and other things in the Legislative Archive.

Daily Journals for 87th Legislature, Regular Session- This will allow you to look up the Texas Legislative Journals and search key terms within the Journals. 

39 Tex. Prac., Marital Property And Homesteads § 23

• § 23.1. Homesteads—History prior to 1839 - The creation of Homestead is credited to being created by the Republic of Texas. Since Texas was under the rule of France, Spain, and Mexico prior to 1840, it is likely that Texas was influenced by the homestead-type provisions that existed under these civil law governments.
• § 23.2. Homesteads—1839 to 1845 - The first provision to the homestead exemption was enacted in 1839, then was repealed once again in 1840. These early homestead exemptions had no provisions concerning the effect of death of the head of the family. Then in 1843, Congress of the Republic extended the Act to the probate courts. The duality of the homestead law lasted until the Constitution of 1845 was adopted. 
• § 23.3. Homesteads—1845 to 1869 - In 1845 Texas adopted a mew constitution when it joined the United States. There were several notable constitutional provisions: (1) increase the amount in exempted property from 50 acres to 200 acres; (2) limit for improvements was changed to a limit of the value of the land; (3) changes to the husbands ability to alienate the homestead, requiring the wife consent; (4) language of the statute was changed; (5) in 1860 legislation was passed that defined homestead in a town or city; (6) 1866 subsequent increases in value would not subject the homestead to forced sale; and (7) personal property was listed that was to be exempt from execution allowing for more items and greater value to be exempted. 
• § 23.4. Homesteads—1869 to 1876 - During this time the debate of the limitation on urban homestead value did not end and the provision of 1869 incorporated the acts of 1860 and 1866. The provision stated that the homestead exemption must be based on the value of the property at the date of designation rather than on the value at the date on which the homestead provision was claimed. The provision also included other exceptions such as debts for purchase money, ad valorem taxes, and expenses for labor and materials used in homestead. 
• § 23.5. Homesteads—1876 to present -  The Constitution of 1876 further expanded homestead provisions rooted in previous constitutions. Discussion on the Husbands ability to alienate was further expansed on, the concept of the business homestead in Texas was introduced, the descent and distribution of homestead upon death was added, and the Texas Civil Statutes adopted by Texas Legislature in 1879 mirrored the Constitution of 1876 exempting family homestead from forced sale, while defining homestead and defining certain exceptions. In 1897 the first amendment to the statutory homestead provisions occurred. This amendment added a provision, which proceeds of a voluntary sale of the homestead of a family shall not be subject to garnishment or forced sale within six months after the sale. Following the approval of a constitutional amendment in 1969 increasing the value of the homestead would be exempt from forced sale to $10,000 was amended. In 1973, a single adult homestead exclusion was added, which mirrored an earlier constitutional change. In 1983, an amendment replaced the limitation on the value of an urban homestead with limits based on size. In 1989, the property code was amended to add the definition of rural homestead, along with the nature and extent of the homestead exemption together with collateral provisions contained in Title 5 of the Texas Property Code. In 1995, Texas voters amended the Texas Constitution, which triggered a legislative amendment to the Property Code expanding the list of exceptions under which homestead is not exempt from forced sale. In 1997, Texas voters once again amended the constitution to expand the list of situations, which a homestead is not protected by forced sale. January 1, 1998, homestead could be encumbered by certain types of home equity loans and by reverse mortgages. On November 2, 1999, Texas voters approved an amendment to Section 51, Article XVI of the Texas Constitution making important changes to homestead law. The 1999 Legislator made conforming amendment to the Property Code, which took effect January 1, 2000. The 1999 Legislator further removed the definition of a rural homestead from the Property Code and substituted a definition of an urban homestead. The 2009 Legislature added  § 41.0021 to the Property Code to clarify the homestead exemption for creditor purposes. Most recently, the 2019 Texas Legislature amended the Property Code § 41.0021 (e). 

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