Bill Text: TX HB179 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the ownership of real property by certain aliens or foreign entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-19 - Filed [HB179 Detail]
Download: Texas-2023-HB179-Introduced.html
88S30595 DRS-D | ||
By: Isaac | H.B. No. 179 |
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relating to the ownership of real property by certain aliens or | ||
foreign entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5.005, Property Code, is amended to read | ||
as follows: | ||
Sec. 5.005. ALIENS. Except as provided by Subchapter H, an | ||
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United States citizen. | ||
SECTION 2. Chapter 5, Property Code, is amended by adding | ||
Subchapter H to read as follows: | ||
SUBCHAPTER H. OWNERSHIP OF REAL PROPERTY BY CERTAIN FOREIGN | ||
INDIVIDUALS OR ENTITIES | ||
Sec. 5.251. DEFINITIONS. In this subchapter: | ||
(1) "Control" means ownership of at least 50 percent | ||
of the voting ownership interest of an organization necessary to | ||
elect a governing person or governing authority of an organization. | ||
(2) "Designated country" means a country designated by | ||
the governor under Section 5.253. | ||
(3) "Governing authority," "governing person," and | ||
"organization" have the meanings assigned by Section 1.002, | ||
Business Organizations Code. | ||
Sec. 5.252. EXCEPTION: UNITED STATES CITIZENS AND LAWFUL | ||
PERMANENT RESIDENTS. This subchapter does not apply to: | ||
(1) an individual who is a citizen or lawful permanent | ||
resident of the United States, including an individual who is a | ||
citizen of a foreign country; or | ||
(2) a company or other entity that is owned by or under | ||
the control of one or more individuals described by Subdivision | ||
(1). | ||
Sec. 5.253. DESIGNATION OF COUNTRY AS SUBJECT TO | ||
PROHIBITION ON OWNERSHIP OF REAL PROPERTY. (a) The governor, after | ||
consultation with the public safety director of the Department of | ||
Public Safety, may designate a country of which a governmental | ||
entity, company or other entity, or citizen shall be subject to this | ||
subchapter. | ||
(b) The governor shall consult the Homeland Security | ||
Council established under Subchapter B, Chapter 421, Government | ||
Code, for purposes of making a designation under this section. | ||
Sec. 5.254. PROHIBITION ON OWNERSHIP OF REAL PROPERTY. | ||
Except as provided by Section 5.252 and notwithstanding any other | ||
law, the following may not own real property in this state: | ||
(1) a governmental entity of a designated country; | ||
(2) a company or other entity that is: | ||
(A) headquartered in a designated country; | ||
(B) directly or indirectly under the control of | ||
the government of a designated country; or | ||
(C) owned by or under the control of one or more | ||
individuals who are citizens of a designated country; | ||
(3) a company or other entity that is owned by or under | ||
the control of a company or entity described by Subdivision (2); or | ||
(4) an individual who is a citizen of a designated | ||
country. | ||
Sec. 5.255. ATTORNEY GENERAL ENFORCEMENT. (a) If the | ||
attorney general has a reasonable suspicion that an individual or | ||
entity owns real property in this state in violation of this | ||
subchapter, the attorney general may bring an action to enforce | ||
this subchapter in a district court in the county where all or part | ||
of the real property that is the subject of the violation is | ||
located. | ||
(b) If the district court finds that the real property | ||
subject to an action brought under Subsection (a) is owned by an | ||
individual or entity in violation of Section 5.254, the court shall | ||
enter an order stating that finding and ordering the individual or | ||
entity to divest all interest in the property. | ||
Sec. 5.256. DIVESTMENT; FORFEITURE. (a) Not later than the | ||
first anniversary of the date the district court enters an order | ||
under Section 5.255(b), an individual or entity found by the | ||
district court to own real property in violation of this subchapter | ||
shall divest all interest in the real property. | ||
(b) If an individual or entity fails to divest an interest | ||
in real property as required by an order issued under Subsection | ||
(a), the district court shall enter an order that forfeits the | ||
individual's or entity's interest in the real property to this | ||
state. | ||
Sec. 5.257. STATE MANAGEMENT OF FORFEITED REAL PROPERTY. | ||
(a) An interest in real property forfeited to this state under | ||
Section 5.256(b) shall be owned by this state and managed by the | ||
General Land Office. | ||
(b) Proceeds of a disposition of an interest in real | ||
property forfeited to this state under Section 5.256(b) shall be | ||
remitted to the comptroller for deposit to the credit of the | ||
foundation school fund. | ||
SECTION 3. As soon as practicable after the effective date | ||
of this Act, the attorney general shall adopt rules for the | ||
implementation of Subchapter H, Chapter 5, Property Code, as added | ||
by this Act. | ||
SECTION 4. This Act applies to ownership of real property | ||
regardless of whether ownership is acquired before, on, or after | ||
the effective date of this Act. | ||
SECTION 5. This Act takes effect on the 91st day after the | ||
last day of the legislative session. |