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