Texas Proposition 16 (2001)
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Text of measure
The short ballot summary voters saw on their ballot read: "The constitutional amendment prescribing requirements for imposing a lien for work and material used in the construction, repair, or renovation of improvements on residential homestead property and including the conversion and refinance of a personal property lien secured by a manufactured home to a lien on real property as a debt on homestead property protected from a forced sale."
Proposition 16 amended Section 50, Article XVI, Texas Constitution, by decreasing the period during which the owner or the owner's spouse may execute a contract for work and materials used in the construction, repair, or renovation of improvements on residential homestead property from 12 days to five days after the owner makes a written application for any extension of credit for the work or materials. In addition, the amendment would add to the types of property considered as homestead property protected from a forced sale of all debts except those enumerated under Section 50, Article XVI, Texas Constitution, and would enumerate as an additional type of debt for which a homestead may be subject to a forced sale the refinance and conversion of a personal property lien secured by a manufactured home to a lien on real property.
Path to the ballot
- See also: Laws governing direct democracy in Texas
As laid out in Article 17 of the Texas Constitution, in order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives. The joint resolution can originate in either the House or the Senate. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate.
- Texas 2001 constitutional amendments
- Texas elections database (Choose "2001 Constitutional Amendment Election" from the drop-down menu.)
- Analysis by Texas Legislative Council of 2001 constitutional amendments