Bill Text: TX HB178 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to verification of identity and employment authorization in connection with certain contracts for or concerning the conveyance of residential real property and residential leases.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-19 - Filed [HB178 Detail]
Download: Texas-2023-HB178-Introduced.html
| 88S30459 SHH-D | ||
| By: Oliverson | H.B. No. 178 | |
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| relating to verification of identity and employment authorization | ||
| in connection with certain contracts for or concerning the | ||
| conveyance of residential real property and residential leases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 5, Property Code, is amended by adding | ||
| Subchapter I to read as follows: | ||
| SUBCHAPTER I. REQUIREMENT TO VERIFY IDENTITY AND EMPLOYMENT | ||
| AUTHORIZATION FOR CERTAIN RESIDENTIAL REAL PROPERTY TRANSACTIONS | ||
| Sec. 5.301. DEFINITIONS. In this subchapter: | ||
| (1) "Commercial real property" means real property | ||
| that is held or used for the production of income, including | ||
| industrial real property. | ||
| (2) "Employment authorization" means a citizenship or | ||
| immigration status that provides the right to work in the United | ||
| States as established for purposes of 8 C.F.R. Section 274a.2. | ||
| (3) "Residential real property" means real property | ||
| that is improved and is designed principally for residential | ||
| occupancy or vacant land that may be improved for that purpose. The | ||
| term includes an individual unit of a condominium or cooperative. | ||
| The term does not include commercial real property. | ||
| Sec. 5.302. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
| applies only to a contract for or concerning the conveyance of | ||
| residential real property with respect to which the seller: | ||
| (1) enters into an executory contract for conveyance | ||
| of the property that allows the purchaser to take immediate | ||
| possession of the property and make periodic payments toward the | ||
| purchase price before the deed is delivered to the purchaser; | ||
| (2) grants a potential purchaser an option to purchase | ||
| the property that includes or is combined or executed concurrently | ||
| with a residential lease agreement; or | ||
| (3) provides a mortgage loan to an individual to | ||
| purchase the property. | ||
| Sec. 5.303. EVIDENCE OF IDENTITY AND EMPLOYMENT | ||
| AUTHORIZATION REQUIRED FOR CERTAIN RESIDENTIAL REAL PROPERTY | ||
| TRANSACTIONS. (a) A seller may not enter into a contract for or | ||
| concerning the conveyance of residential real property to which | ||
| this subchapter applies unless the seller requires the purchaser or | ||
| potential purchaser to: | ||
| (1) attest to the purchaser's or potential purchaser's | ||
| employment authorization; and | ||
| (2) provide to the property owner evidence of the | ||
| purchaser's or potential purchaser's identity and employment | ||
| authorization. | ||
| (b) A seller shall obtain the attestation required under | ||
| Subsection (a)(1) and record details of the evidence provided under | ||
| Subsection (a)(2) on a form similar to Form I-9 as provided by 8 | ||
| C.F.R. Section 274a.2. | ||
| Sec. 5.304. CONTRACT OR CONVEYANCE VOID IN CASE OF | ||
| VIOLATION. A contract entered into in violation of Section 5.303 | ||
| and any conveyance made under that contract is void. | ||
| SECTION 2. Subchapter A, Chapter 92, Property Code, is | ||
| amended by adding Section 92.027 to read as follows: | ||
| Sec. 92.027. EVIDENCE OF IDENTITY AND EMPLOYMENT | ||
| AUTHORIZATION REQUIRED FOR LEASE. (a) In this section, | ||
| "employment authorization" means a citizenship or immigration | ||
| status that provides the right to work in the United States as | ||
| established for purposes of 8 C.F.R. Section 274a.2. | ||
| (b) A landlord may not enter into a lease of residential | ||
| rental property unless the landlord requires the tenant to: | ||
| (1) attest to the tenant's employment authorization; | ||
| and | ||
| (2) provide to the landlord evidence of the tenant's | ||
| identity and employment authorization. | ||
| (c) A landlord shall obtain the attestation required under | ||
| Subsection (b)(1) and record details of the evidence provided under | ||
| Subsection (b)(2) on a form similar to Form I-9 as provided by 8 | ||
| C.F.R. Section 274a.2. | ||
| (d) A lease entered into in violation of this section is | ||
| void. | ||
| SECTION 3. The changes in law made by this Act apply only to | ||
| a contract or lease agreement entered into on or after the effective | ||
| date of this Act. A contract or lease agreement entered into before | ||
| the effective date of this Act is governed by the law in effect | ||
| immediately before the effective date of this Act, and that law is | ||
| continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
