Tex. Prop. Code § 41.002 · Subchapter A. EXEMPTIONS IN LAND DEFINED
DEFINITION OF HOMESTEAD.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, shall consist of not more than 10 acres of land which may be in one or more contiguous lots, together with any improvements thereon.
(b) If used for the purposes of a rural home, the homestead shall consist of:
(1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or
(2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon.
(c) A homestead is considered to be urban if, at the time the designation is made, the property is:
(1) located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision; and
(2) served by police protection, paid or volunteer fire protection, and at least three of the following services provided by a municipality or under contract to a municipality:
(A) electric;
(B) natural gas;
(C) sewer;
(D) storm sewer; and
(E) water.
(d) The definition of a homestead as provided in this section applies to all homesteads in this state whenever created.
Notes and commentary — not statutory text
History
Amended by Acts 1985, 69th Leg., ch. 840, Sec. 1, eff. June 15, 1985; Acts 1989, 71st Leg., ch. 391, Sec. 2, eff. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 1510, Sec. 1, eff. Jan. 1, 2000; Acts 1999, 76th Leg., ch. 1510, Sec. 2, eff. Sept. 1, 1999.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.41.htm
- Text hash
- sha256 ddb9f8ee18e5436910a0f0ca45a0dcfd89ce838958812effce3fe7f1ca05c441
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 8 provisions
Provisions in this library whose text cites Tex. Prop. Code § 41.002. Each shows the citation as that text prints it.
Property Code
- Tex. Prop. Code § 41.0022CERTAIN CONVEYANCES NOT SHAM OR PRETENDED SALES.Printed as Section 41.002(a)
- Tex. Prop. Code § 41.021NOTICE TO DESIGNATE.Printed as Section 41.002
- Tex. Prop. Code § 41.022DESIGNATION BY HOMESTEAD CLAIMANT.Printed as Section 41.002
- Tex. Prop. Code § 52.0012RELEASE OF RECORD OF LIEN ON HOMESTEAD PROPERTY.Printed as Section 41.002 | Section 41.002, Property Code
Transportation Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.