Texas 2025 - 89th Regular

Texas Senate Bill SB103

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to prohibiting the purchase of or acquisition of title to real property by and contracts or other agreements with certain aliens or foreign entities.

Impact

The bill will have significant implications for Texas state laws, particularly in property transactions and foreign investment. By limiting real property acquisitions to entities and individuals that do not represent adversarial foreign governments, the legislation aims to enhance the security of the state's land resources. This could lead to a marked decrease in foreign investment in Texas real estate, as the bill explicitly defines the restrictions applicable to various foreign entities. As a result, local economies may experience shifts in property values and availability of foreign investment capital.

Summary

SB103 seeks to amend the Texas Property Code by prohibiting certain foreign entities and individuals from purchasing or acquiring title to real property in Texas. This legislative measure is part of a growing trend among states to scrutinize foreign ownership of land, particularly from nations identified as adversarial, including China, Iran, North Korea, and Russia. The bill outlines the conditions under which foreign ownership is restricted and introduces definitions for adverse foreign entities, ensuring that national security concerns are prioritized in asset ownership regulations.

Contention

While proponents argue that the legislation will safeguard national interests and protect local property rights, there is potential for contention regarding its enforcement and implications for lawful permanent residents and U.S. citizens. Critics may argue that the bill discriminates against foreign entities and could reduce Texas's attractiveness as an investment destination. Furthermore, the definitions and criteria for determining control and ownership may lead to confusion among potential investors and could necessitate additional regulatory guidance.

Implementation

If enacted, SB103 would apply to real property acquisitions and contracts entered into on or after the effective date, which is set for September 1, 2025. This forward-looking aspect allows for existing transactions to be governed by prior laws, thus not disrupting current agreements. The provisions outlined in the bill signal a broader legislative push to reassess foreign engagements in state-level economies, reflecting ongoing concerns about national security and economic sovereignty.

Texas Constitutional Statutes Affected

Property Code

  • Chapter 5. Conveyances
    • Section: New Section

Companion Bills

TX HB2389

Identical Relating to prohibiting the purchase of or acquisition of title to real property by and contracts or other agreements with certain aliens or foreign entities.

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