Texas 2021 - 87th Regular

Texas Senate Bill SB1556 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10555 DRS-F
2	2	By: Zaffirini S.B. No. 1556
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of executory contracts for the purchase of land
8	8	to be used as a residence in certain counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 5, Property Code, is
11	11	amended by adding Section 5.0622 to read as follows:
12	12	Sec. 5.0622. ADDITIONAL APPLICABILITY: CERTAIN COUNTIES.
13	13	(a) This section applies only to a county with a population of less
14	14	than 50,000 that is located:
15	15	(1) in a metropolitan area as defined by the federal
16	16	Office of Management and Budget with a population of more than 2
17	17	million; and
18	18	(2) adjacent to a county located in a different
19	19	metropolitan area as defined by the federal Office of Management
20	20	and Budget with a population of more than 2 million.
21	21	(b) The commissioners court of a county may adopt an order
22	22	requiring an executory contract for the conveyance of land
23	23	measuring 20 acres or less used or to be used as a residence located
24	24	in the county to be subject to this subchapter. The order must
25	25	specify a method for determining whether the land is used or to be
26	26	used as a residence.
27	27	(c) The order may not include an executory contract for the
28	28	conveyance of land:
29	29	(1) described by Section 5.062(d); or
30	30	(2) that is to be used primarily for agricultural use,
31	31	as defined by Section 1-d, Article VIII, Texas Constitution, or for
32	32	farm, ranch, wildlife management, or timber production use within
33	33	the meaning of Section 1-d-1, Article VIII, Texas Constitution, and
34	34	for which no part of the land is to be used as a residence.
35	35	(d) If a tract described by Subsection (c)(2) ceases to be
36	36	used primarily for agricultural use or for farm, ranch, wildlife
37	37	management, or timber production use, or any part of the land is
38	38	used as a residence, the executory contract for the conveyance of
39	39	the land may be included in an order authorized by this section.
40	40	SECTION 2. Subchapter D, Chapter 5, Property Code, is
41	41	amended by adding Section 5.087 to read as follows:
42	42	Sec. 5.087. ADDITIONAL PROVISIONS: CERTAIN COUNTIES. (a)
43	43	This section applies only to a county adopting an order under
44	44	Section 5.0622.
45	45	(b) The commissioners court may not modify the provisions of
46	46	this subchapter except the commissioners court may provide in the
47	47	order that:
48	48	(1) an executory contract to which the order applies
49	49	may not be used to purchase land unless the land meets a minimum
50	50	frontage requirement on a public road or a private road as specified
51	51	in the order; and
52	52	(2) the conversion authorized by Section 5.081 is
53	53	required to occur not later than three years after the date the
54	54	executory contract is entered into.
55	55	SECTION 3. Sections 5.0622 and 5.087, Property Code, as
56	56	added by this Act, apply only to an executory contract entered into
57	57	on or after the date the commissioners court adopts an order
58	58	authorized by this Act.
59	59	SECTION 4. This Act takes effect September 1, 2021.