SENATE JOINT RESOLUTION
 1-1     proposing a constitutional amendment relating to the making of
 1-2     advances under and payment of a reverse mortgage.
 1-3           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsections (k), (p), and (r), Section 50,
 1-5     Article XVI, Texas Constitution, are amended to read as follows:
 1-6           (k)  "Reverse mortgage" means an extension of credit:
 1-7                 (1)  that is secured by a voluntary lien on homestead
 1-8     property created by a written agreement with the consent of each
 1-9     owner and each owner's spouse;
1-10                 (2)  that is made to a person who is or whose spouse is
1-11     62 [55] years or older;
1-12                 (3)  that is made without recourse for personal
1-13     liability against each owner and the spouse of each owner;
1-14                 (4)  under which advances are provided to a borrower
1-15     based on the equity in a borrower's homestead;
1-16                 (5)  that does not permit the lender to reduce the
1-17     amount or number of advances because of an adjustment in the
1-18     interest rate if periodic advances are to be made;
1-19                 (6)  that requires no payment of principal or interest
1-20     until:
1-21                       (A)  all borrowers have died;
1-22                       (B)  the homestead property securing the loan is
1-23     sold or otherwise transferred; [or]
1-24                       (C)  all borrowers cease occupying the homestead
 2-1     property for a period of longer than 12 consecutive months without
 2-2     prior written approval from the lender; or
 2-3                       (D)  the borrower:
 2-4                             (i)  defaults on an obligation specified in
 2-5     the loan documents to repair and maintain, pay taxes and
 2-6     assessments on, or insure the homestead property;
 2-7                             (ii)  commits actual fraud in connection
 2-8     with the loan; or
 2-9                             (iii)  fails to maintain the priority of
2-10     the lender's lien on the homestead property, after the lender gives
2-11     notice to the borrower, by promptly discharging any lien that has
2-12     priority or may obtain priority over the lender's lien within 10
2-13     days after the date the borrower receives the notice, unless the
2-14     borrower:
2-15                                            (a)  agrees in writing to
2-16     the payment of the obligation secured by the lien in a manner
2-17     acceptable to the lender;
2-18                                            (b)  contests in good faith
2-19     the lien by, or defends against enforcement of the lien in, legal
2-20     proceedings so as to prevent the enforcement of the lien or
2-21     forfeiture of any part of the homestead property; or
2-22                                            (c)  secures from the holder
2-23     of the lien an agreement satisfactory to the lender subordinating
2-24     the lien to all amounts secured by the lender's lien on the
2-25     homestead property [(B)  all borrowers cease occupying the
2-26     homestead property as a principal residence for more than 180
 3-1     consecutive days and the location of the homestead property owner
 3-2     is unknown to the lender];
 3-3                 (7)  that provides that if the lender fails to make
 3-4     loan advances as required in the loan documents and if the lender
 3-5     fails to cure the default as required in the loan documents after
 3-6     notice from the borrower, the lender forfeits all principal and
 3-7     interest of the reverse mortgage, provided, however, that this
 3-8     subdivision does not apply when a governmental agency or
 3-9     instrumentality takes an assignment of the loan in order to cure
3-10     the default; [and]
3-11                 (8)  that is not made unless the owner of the homestead
3-12     attests in writing that the owner received counseling regarding the
3-13     advisability and availability of reverse mortgages and other
3-14     financial alternatives;
3-15                 (9)  that requires the lender, at the time the loan is
3-16     made, to disclose to the borrower by written notice the specific
3-17     provisions contained in Subdivision (6) of this subsection under
3-18     which the borrower is required to repay the loan;
3-19                 (10)  that does not permit the lender to commence
3-20     foreclosure until the lender gives notice to the borrower, in the
3-21     manner provided for a notice by mail related to the foreclosure of
3-22     liens under Subsection (a)(6) of this section, that a ground for
3-23     foreclosure exists and gives the borrower at least 30 days, or at
3-24     least 20 days in the event of a default under Subdivision
3-25     (6)(D)(iii) of this subsection, to:
3-26                       (A)  remedy the condition creating the ground for
 4-1     foreclosure;
 4-2                       (B)  pay the debt secured by the homestead
 4-3     property from proceeds of the sale of the homestead property by the
 4-4     borrower or from any other sources; or
 4-5                       (C)  convey the homestead property to the lender
 4-6     by a deed in lieu of foreclosure; and
 4-7                 (11)  that is secured by a lien that may be foreclosed
 4-8     upon only by a court order, if the foreclosure is for a ground
 4-9     other than a ground stated by Subdivision (6)(A) or (B) of this
4-10     subsection.
4-11           (p)  The advances made on a reverse mortgage loan under which
4-12     more than one advance is made must be made [at regular intervals]
4-13     according to the terms [a plan] established by the [original] loan
4-14     documents by one or more of the following methods:
4-15                 (1)  at regular intervals;
4-16                 (2)  at regular intervals in which the amounts advanced
4-17     may be reduced, for one or more advances, at the request of the
4-18     borrower; or
4-19                 (3)  at any time by the lender, on behalf of the
4-20     borrower, if the borrower fails to timely pay any of the following
4-21     that the borrower is obligated to pay under the loan documents to
4-22     the extent necessary to protect the lender's interest in or the
4-23     value of the homestead property:
4-24                       (A)  taxes;
4-25                       (B)  insurance;
4-26                       (C)  costs of repairs or maintenance performed by
 5-1     a person or company that is not an employee of the lender or a
 5-2     person or company that directly or indirectly controls, is
 5-3     controlled by, or is under common control with the lender;
 5-4                       (D)  assessments levied against the homestead
 5-5     property; and
 5-6                       (E)  any lien that has, or may obtain, priority
 5-7     over the lender's lien as it is established in the loan documents
 5-8     [agreement].
 5-9           (r)  The supreme court shall promulgate rules of civil
5-10     procedure for expedited foreclosure proceedings related to the
5-11     foreclosure of liens under Subsection (a)(6) of this section and to
5-12     foreclosure of a reverse mortgage lien that requires a court order.
5-13           SECTION 2.  This proposed constitutional amendment shall be
5-14     submitted to the voters at an election to be held November 2, 1999.
5-15     The ballot shall be printed to permit voting for or against the
5-16     proposition:  "The constitutional amendment relating to the making
5-17     of advances under a reverse mortgage and payment of a reverse
5-18     mortgage."
                                                               S.J.R. No. 12
         ________________________________   ________________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.J.R. No. 12 was adopted by the Senate
         on March 18, 1999, by the following vote:  Yeas 31, Nays 0;
         May 21, 1999, Senate refused to concur in House amendment and
         requested appointment of Conference Committee; May 24, 1999, House
         granted request of the Senate; May 29, 1999, Senate adopted
         Conference Committee Report by the following vote:  Yeas 30,
         Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.J.R. No. 12 was adopted by the House,
         with amendment, on May 18, 1999, by the following vote:  Yeas 143,
         Nays 0, one present not voting; May 24, 1999, House granted request
         of the Senate for appointment of Conference Committee;
         May 27, 1999, House adopted Conference Committee Report by the
         following vote:  Yeas 144, Nays 0, one present not voting.
                                             _______________________________
                                                 Chief Clerk of the House