This legislative update summarizes those bills effective before September 1, 2011, that we consider of interest to our clients. The legislative updates that follow this update will summarize, respectively, (i) those bills that we consider important enough to be the subject of a separate legislative update, and (ii) bills effective on and after September 1, 2011, that we consider of interest to our clients. • ALLOWING A CO-OWNER OF RESIDENTIAL HOMESTEAD PROPERTY TO ENCUMBER THE PROPERTY WITHOUT JOINDER OF OTHER CO-OWNER(S) (SB 1368) Senate Bill 1368 adds Chapter 64 to the Property Code authorizing an occupying co-owner, if certain conditions are met, to enter into a mechanic’s and materialman’s lien contract secured by residential homestead property to preserve or improve the property without the joinder of another co-owner. Chapter 64 applies only to residential property that: 1. has residential improvements primarily designed for no more than four families; 2. is not more than 10 acres of land; 3. is owned by more than one person; and 4. for which a co-owner has a homestead tax exemption.
