87R10555 DRS-F
By: Zaffirini S.B. No. 1556
A BILL TO BE ENTITLED
AN ACT
relating to the use of executory contracts for the purchase of land
to be used as a residence in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 5, Property Code, is
amended by adding Section 5.0622 to read as follows:
Sec. 5.0622. ADDITIONAL APPLICABILITY: CERTAIN COUNTIES.
(a) This section applies only to a county with a population of less
than 50,000 that is located:
(1) in a metropolitan area as defined by the federal
Office of Management and Budget with a population of more than 2
million; and
(2) adjacent to a county located in a different
metropolitan area as defined by the federal Office of Management
and Budget with a population of more than 2 million.
(b) The commissioners court of a county may adopt an order
requiring an executory contract for the conveyance of land
measuring 20 acres or less used or to be used as a residence located
in the county to be subject to this subchapter. The order must
specify a method for determining whether the land is used or to be
used as a residence.
(c) The order may not include an executory contract for the
conveyance of land:
(1) described by Section 5.062(d); or
(2) that is to be used primarily for agricultural use,
as defined by Section 1-d, Article VIII, Texas Constitution, or for
farm, ranch, wildlife management, or timber production use within
the meaning of Section 1-d-1, Article VIII, Texas Constitution, and
for which no part of the land is to be used as a residence.
(d) If a tract described by Subsection (c)(2) ceases to be
used primarily for agricultural use or for farm, ranch, wildlife
management, or timber production use, or any part of the land is
used as a residence, the executory contract for the conveyance of
the land may be included in an order authorized by this section.
SECTION 2. Subchapter D, Chapter 5, Property Code, is
amended by adding Section 5.087 to read as follows:
Sec. 5.087. ADDITIONAL PROVISIONS: CERTAIN COUNTIES. (a)
This section applies only to a county adopting an order under
Section 5.0622.
(b) The commissioners court may not modify the provisions of
this subchapter except the commissioners court may provide in the
order that:
(1) an executory contract to which the order applies
may not be used to purchase land unless the land meets a minimum
frontage requirement on a public road or a private road as specified
in the order; and
(2) the conversion authorized by Section 5.081 is
required to occur not later than three years after the date the
executory contract is entered into.
SECTION 3. Sections 5.0622 and 5.087, Property Code, as
added by this Act, apply only to an executory contract entered into
on or after the date the commissioners court adopts an order
authorized by this Act.
SECTION 4. This Act takes effect September 1, 2021.