| 1 | 1 | | 87S11203 DRS-D |
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| 2 | 2 | | By: White H.B. No. 305 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the ownership of agricultural land by nonresident |
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| 8 | 8 | | aliens or foreign entities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Title 1, Agriculture Code, is amended by adding |
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| 11 | 11 | | Chapter 3 to read as follows: |
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| 12 | 12 | | CHAPTER 3. OWNERSHIP OF AGRICULTURAL LAND |
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| 13 | 13 | | Sec. 3.001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "Agricultural land" means land that qualifies for |
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| 15 | 15 | | tax appraisal under Subchapter C or D, Chapter 23, Tax Code. |
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| 16 | 16 | | (2) "Foreign" means created or organized in a country |
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| 17 | 17 | | other than the United States or under the law of a country other |
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| 18 | 18 | | than the United States. |
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| 19 | 19 | | (3) "Nonresident alien" means a citizen of a country |
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| 20 | 20 | | other than the United States who is not a resident of this state. |
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| 21 | 21 | | Sec. 3.002. NONRESIDENT ALIEN OR FOREIGN ACQUISITION OF |
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| 22 | 22 | | AGRICULTURAL LAND PROHIBITED. Notwithstanding any other law, a |
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| 23 | 23 | | nonresident alien, foreign business, or foreign government, or an |
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| 24 | 24 | | agent, trustee, or fiduciary of a nonresident alien, foreign |
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| 25 | 25 | | business, or foreign government, may not purchase or otherwise |
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| 26 | 26 | | acquire title to agricultural land in this state. |
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| 27 | 27 | | Sec. 3.003. ANNUAL REPORT OF NONRESIDENT ALIEN OR FOREIGN |
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| 28 | 28 | | OWNERSHIP OF AGRICULTURAL LAND. (a) Not later than January 1 of |
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| 29 | 29 | | each year, the department shall submit to the governor, lieutenant |
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| 30 | 30 | | governor, and speaker of the house of representatives a report that |
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| 31 | 31 | | identifies all agricultural land in this state owned by a |
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| 32 | 32 | | nonresident alien, foreign business, or foreign government, or an |
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| 33 | 33 | | agent, trustee, or fiduciary of a nonresident alien, foreign |
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| 34 | 34 | | business, or foreign government. |
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| 35 | 35 | | (b) The department shall post and maintain on the |
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| 36 | 36 | | department's Internet website the most recent report required by |
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| 37 | 37 | | Subsection (a). |
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| 38 | 38 | | SECTION 2. Section 5.005, Property Code, is amended to read |
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| 39 | 39 | | as follows: |
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| 40 | 40 | | Sec. 5.005. ALIENS. Except as provided by Chapter 3, |
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| 41 | 41 | | Agriculture Code, an [An] alien has the same real and personal |
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| 42 | 42 | | property rights as a United States citizen. |
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| 43 | 43 | | SECTION 3. This Act takes effect on the 91st day after the |
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| 44 | 44 | | last day of the legislative session. |
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