Bill Text: TX HB59 | 2023 | 88th Legislature 4th Special Session | Introduced
Bill Title: Relating to verification of citizenship or legal residency for purposes of certain contracts for or concerning the purchase of residential real property located in platted subdivisions; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-11-07 - Filed [HB59 Detail]
Download: Texas-2023-HB59-Introduced.html
| 88S40088 SHH-D | ||
| By: Bell of Montgomery | H.B. No. 59 | |
|
|
||
|
|
||
| relating to verification of citizenship or legal residency for | ||
| purposes of certain contracts for or concerning the purchase of | ||
| residential real property located in platted subdivisions; | ||
| creating a criminal offense. | ||
| 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. VERIFICATION AND FILING REQUIREMENTS 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) "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: | ||
| (1) an executory contract for conveyance of | ||
| residential real property located in a platted subdivision 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; and | ||
| (2) a contract in which a potential seller of | ||
| residential real property located in a platted subdivision grants | ||
| an individual an option to purchase the property that includes or is | ||
| combined or executed concurrently with a residential lease | ||
| agreement. | ||
| Sec. 5.303. SELLER VERIFICATION OF PURCHASER'S CITIZENSHIP | ||
| OR LEGAL RESIDENCY REQUIRED. A seller or potential seller may not | ||
| enter into a contract to which this subchapter applies unless the | ||
| purchaser or potential purchaser presents to the seller or | ||
| potential seller proof of United States citizenship or legal | ||
| residency in the form of: | ||
| (1) a United States passport; | ||
| (2) a Certificate of United States Citizenship, | ||
| Certificate of Naturalization, United States Citizen | ||
| Identification Card, or other document denoting United States | ||
| citizenship issued by the federal Department of Homeland Security | ||
| or the United States Department of State including an | ||
| identification photograph; | ||
| (3) a combination of: | ||
| (A) a social security number; and | ||
| (B) photo identification in the form of an | ||
| unexpired driver's license, election identification certificate, | ||
| or personal identification card issued by a state; or | ||
| (4) a combination of: | ||
| (A) a passport issued by a foreign country; and | ||
| (B) a Permanent Resident Card, Temporary | ||
| Resident Card, Employment Authorization Card, or other document | ||
| denoting legal residency issued by the federal Department of | ||
| Homeland Security or the United States Department of State | ||
| including an identification photograph. | ||
| Sec. 5.304. FILING REQUIREMENTS TO SELL RESIDENTIAL REAL | ||
| PROPERTY. A seller or potential seller who enters into a contract | ||
| to which this subchapter applies shall, not later than the 30th day | ||
| after the date the contract is executed, file for recording with the | ||
| clerk of each county in which property subject to the contract is | ||
| located: | ||
| (1) an affidavit from the seller or potential seller | ||
| affirming that the purchaser or potential purchaser presented proof | ||
| to the seller or potential seller of the purchaser's or potential | ||
| purchaser's United States citizenship or legal residency status in | ||
| a form listed in Section 5.303; and | ||
| (2) a copy of the contract. | ||
| Sec. 5.305. CRIMINAL PENALTY. (a) A person commits an | ||
| offense if the person violates this subchapter. | ||
| (b) An offense under this section is a Class B misdemeanor, | ||
| except that if it is shown on the trial of the offense that the | ||
| defendant has previously been: | ||
| (1) finally convicted of an offense under this | ||
| section, the offense is a Class A misdemeanor; or | ||
| (2) finally convicted two or more times of an offense | ||
| under this section, the offense is a state jail felony. | ||
| SECTION 2. The changes in law made by this Act apply only to | ||
| a contract entered into on or after the effective date of this Act. | ||
| A contract 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 3. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
