88S30459 SHH-D
By: Oliverson H.B. No. 178
A BILL TO BE ENTITLED
AN ACT
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.