Can I get a HELOC in Texas, and what are the rules?

Quick answer: Yes. Texas allows a home equity line of credit on your homestead, but the Texas Constitution puts tight rules on it. All the debt on your home, including the line, can't be more than 80% of its value when the line is set up. Each draw has to be at least $4,000. You can't draw with a credit or debit card. Fees can only be charged when the line is opened. And it counts as a Texas home equity loan, so the 12-day wait and the 3-day right to cancel apply.

By Matt Pruitt, NMLS 846749 · Last updated

I do HELOCs. If you want to see what you could get, tell me the deal.

Why are Texas HELOCs different?

Texas protects homesteads in its Constitution. A loan against your homestead is only allowed in the situations the Texas Constitution lists. Home equity loans, including HELOCs, are in Article XVI, Section 50. The home equity loan is paragraph (a)(6), and the line of credit rules are in subsection (t).

So a Texas HELOC isn’t just a product a lender designs. A lot of the rules are written into the Constitution, and they apply to every lender.

I’m a loan officer, not a lawyer. Here’s how those rules read.

What are the main rules for a Texas HELOC?

The 80% limit

The line, plus everything else owed on the home, can’t be more than 80% of the home’s fair market value on the date the line is set up.

There’s a second part. If the balance on the line plus your other debt on the home goes over 80% of the value later, the lender can’t let you draw more until it’s back under.

You’ll also sign a written acknowledgment of the home’s fair market value, agreed to by you and the lender.

Draws of at least $4,000

Each advance has to be at least $4,000.

No cards

You can’t draw with a credit card, debit card, or anything like them.

Fees only at the start

The lender can only charge fees when the line is set up. No fee per draw.

There’s also a cap on fees for Texas home equity loans in general. Fees to originate, evaluate, maintain, record, insure, or service the loan can’t add up to more than 2% of the original principal. Interest doesn’t count toward that, and the Constitution leaves out a few items, like the appraisal, the survey, and the title insurance premium and examination.

The lender can’t change the terms on its own

The Constitution says the lender can’t unilaterally amend the terms of the line.

What are the closing rules?

A HELOC on your homestead is a Section 50(a)(6) home equity loan, so the same closing rules apply:

There are also protections if things go wrong. These loans are non-recourse, which means you’re not personally liable beyond the home unless there was actual fraud. And a lender can only foreclose on a Texas home equity loan with a court order.

Should I get a HELOC or a cash-out refinance?

They do different jobs.

Here’s the catch with the “only one at a time” rule. If you already have a Texas home equity cash-out loan on your homestead, you can’t add a HELOC on top of it under 50(a)(6).

A HELOC can make sense if you like your current first mortgage and want access to money over time. A cash-out refinance can make sense if you want one loan and one payment, or you need the cash up front.

I’ll look at your numbers with you and tell you straight which one fits. If I can’t do your deal, I’ll say so and point you to someone who can.

Can I refinance a Texas home equity loan later?

Yes, and there’s a path out of the home equity rules. The Constitution lets you refinance a home equity loan into a regular loan if:

That’s on my cash-out refinance page too.

Does this apply to rental property?

These rules are about your homestead. A rental or second home isn’t your homestead, so different rules apply. Ask me about the specific property.

What I’d check before applying

Want me to look at a HELOC on your home? Tell me the deal.

This is general information, not legal advice. For your specific situation, check with a real estate attorney or your title company. For which loan fits, call me at 817-873-6288.

Common questions

How much can I borrow on a Texas HELOC?

The line plus all other debt on the home can't be more than 80% of the home's fair market value when the line is set up. If your balance later goes over 80% of value, no more draws are allowed until it's back under.

Can I use a card to draw on a Texas HELOC?

No. The Texas Constitution doesn't allow draws by credit card, debit card, or similar device. Each draw has to be at least $4,000.

Can I have a HELOC and a Texas cash-out loan at the same time?

Not two Texas home equity loans. The Constitution allows only one Section 50(a)(6) home equity loan on your homestead at a time, and a HELOC is one.

Can the lender change my HELOC terms?

The Texas Constitution says the lender can't unilaterally amend the terms of the line.

Ready when you are.

Have a question this didn't answer? Send me the details and I'll take a look.

I always start with a soft pull, so no hard credit ding.