In certain counties, the commissioners court may adopt an order making certain residential land-sale executory contracts subject to this subchapter.
Sec. 5.0622. ADDITIONAL APPLICABILITY: CERTAIN COUNTIES. (a) This section applies only to a county with a population of less than 100,000 that is located in a metropolitan statistical area as defined by the federal Office of Management and Budget: (1) with a population of more than 1.5 million; and (2) adjacent to a different metropolitan statistical area as defined by the federal Office of Management and Budget with a population of more than 2.5 million. (b) The commissioners court of a county may adopt an order requiring an executory contract for the conveyance of land 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(b), (c), or (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. Added by Acts 2021, 87th Leg., R.S., Ch. 911 (H.B. 4374), Sec. 1, eff. September 1, 2021. Amended by: Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 209, eff. September 1, 2023.