Texas 2021 - 87th Regular

Texas House Bill HB4374 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4374
	1	+	By: Cyrier (Senate Sponsor - Zaffirini) H.B. No. 4374
	2	+	(In the Senate - Received from the House May 12, 2021;
	3	+	May 12, 2021, read first time and referred to Committee on Local
	4	+	Government; May 22, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 6, Nays 0;
	6	+	May 22, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4374 By: Menéndez
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the use of executory contracts for the purchase of land
6	14		to be used as a residence in certain counties.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Subchapter D, Chapter 5, Property Code, is
9	17		amended by adding Section 5.0622 to read as follows:
10	18		Sec. 5.0622. ADDITIONAL APPLICABILITY: CERTAIN COUNTIES.
11	19		(a) This section applies only to a county with a population of less
12	20		than 100,000 that is located in a metropolitan statistical area as
13	21		defined by the federal Office of Management and Budget:
14	22		(1) with a population of more than 1.5 million; and
15	23		(2) adjacent to a different metropolitan statistical
16	24		area as defined by the federal Office of Management and Budget with
17	25		a population of more than 2 million.
18	26		(b) The commissioners court of a county may adopt an order
19	27		requiring an executory contract for the conveyance of land used or
20	28		to be used as a residence located in the county to be subject to this
21	29		subchapter. The order must specify a method for determining
22	30		whether the land is used or to be used as a residence.
23	31		(c) The order may not include an executory contract for the
24	32		conveyance of land:
25	33		(1) described by Section 5.062(b), (c), or (d); or
26	34		(2) that is to be used primarily for agricultural use,
27	35		as defined by Section 1-d, Article VIII, Texas Constitution, or for
28	36		farm, ranch, wildlife management, or timber production use within
29	37		the meaning of Section 1-d-1, Article VIII, Texas Constitution, and
30	38		for which no part of the land is to be used as a residence.
31	39		(d) If a tract described by Subsection (c)(2) ceases to be
32	40		used primarily for agricultural use or for farm, ranch, wildlife
33	41		management, or timber production use, or any part of the land is
34	42		used as a residence, the executory contract for the conveyance of
35	43		the land may be included in an order authorized by this section.
36	44		SECTION 2. Subchapter D, Chapter 5, Property Code, is
37	45		amended by adding Section 5.087 to read as follows:
38	46		Sec. 5.087. ADDITIONAL PROVISIONS: CERTAIN COUNTIES. (a)
39	47		This section applies only to a county adopting an order under
40	48		Section 5.0622.
41	49		(b) The commissioners court may not modify the provisions of
42	50		this subchapter except the commissioners court may provide in the
43	51		order that an executory contract to which the order applies may not
44	52		be used to purchase land for residential purposes unless the
45	53		conversion authorized by Section 5.081 is required to occur not
46	54		later than three years after the date the executory contract is
47	55		entered into.
48	56		SECTION 3. Sections 5.0622 and 5.087, Property Code, as
49	57		added by this Act, apply only to an executory contract entered into
50	58		on or after the date the commissioners court adopts an order
51	59		authorized by this Act.
52	60		SECTION 4. This Act takes effect September 1, 2021.
53		-	______________________________ ______________________________
54		-	President of the Senate Speaker of the House
55		-	I certify that H.B. No. 4374 was passed by the House on May
56		-	11, 2021, by the following vote: Yeas 139, Nays 4, 2 present, not
57		-	voting; and that the House concurred in Senate amendments to H.B.
58		-	No. 4374 on May 28, 2021, by the following vote: Yeas 145, Nays 2,
59		-	1 present, not voting.
60		-	______________________________
61		-	Chief Clerk of the House
62		-	I certify that H.B. No. 4374 was passed by the Senate, with
63		-	amendments, on May 27, 2021, by the following vote: Yeas 31, Nays
64		-	0.
65		-	______________________________
66		-	Secretary of the Senate
67		-	APPROVED: __________________
68		-	Date
69		-	__________________
70		-	Governor
	61	+	* * * * *