Texas 2023 - 88th 3rd C.S.

Texas House Bill HB179 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88S30595 DRS-D
2	2	By: Isaac H.B. No. 179
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ownership of real property by certain aliens or
8	8	foreign entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5.005, Property Code, is amended to read
11	11	as follows:
12	12	Sec. 5.005. ALIENS. Except as provided by Subchapter H, an
13	13	[An] alien has the same real and personal property rights as a
14	14	United States citizen.
15	15	SECTION 2. Chapter 5, Property Code, is amended by adding
16	16	Subchapter H to read as follows:
17	17	SUBCHAPTER H. OWNERSHIP OF REAL PROPERTY BY CERTAIN FOREIGN
18	18	INDIVIDUALS OR ENTITIES
19	19	Sec. 5.251. DEFINITIONS. In this subchapter:
20	20	(1) "Control" means ownership of at least 50 percent
21	21	of the voting ownership interest of an organization necessary to
22	22	elect a governing person or governing authority of an organization.
23	23	(2) "Designated country" means a country designated by
24	24	the governor under Section 5.253.
25	25	(3) "Governing authority," "governing person," and
26	26	"organization" have the meanings assigned by Section 1.002,
27	27	Business Organizations Code.
28	28	Sec. 5.252. EXCEPTION: UNITED STATES CITIZENS AND LAWFUL
29	29	PERMANENT RESIDENTS. This subchapter does not apply to:
30	30	(1) an individual who is a citizen or lawful permanent
31	31	resident of the United States, including an individual who is a
32	32	citizen of a foreign country; or
33	33	(2) a company or other entity that is owned by or under
34	34	the control of one or more individuals described by Subdivision
35	35	(1).
36	36	Sec. 5.253. DESIGNATION OF COUNTRY AS SUBJECT TO
37	37	PROHIBITION ON OWNERSHIP OF REAL PROPERTY. (a) The governor, after
38	38	consultation with the public safety director of the Department of
39	39	Public Safety, may designate a country of which a governmental
40	40	entity, company or other entity, or citizen shall be subject to this
41	41	subchapter.
42	42	(b) The governor shall consult the Homeland Security
43	43	Council established under Subchapter B, Chapter 421, Government
44	44	Code, for purposes of making a designation under this section.
45	45	Sec. 5.254. PROHIBITION ON OWNERSHIP OF REAL PROPERTY.
46	46	Except as provided by Section 5.252 and notwithstanding any other
47	47	law, the following may not own real property in this state:
48	48	(1) a governmental entity of a designated country;
49	49	(2) a company or other entity that is:
50	50	(A) headquartered in a designated country;
51	51	(B) directly or indirectly under the control of
52	52	the government of a designated country; or
53	53	(C) owned by or under the control of one or more
54	54	individuals who are citizens of a designated country;
55	55	(3) a company or other entity that is owned by or under
56	56	the control of a company or entity described by Subdivision (2); or
57	57	(4) an individual who is a citizen of a designated
58	58	country.
59	59	Sec. 5.255. ATTORNEY GENERAL ENFORCEMENT. (a) If the
60	60	attorney general has a reasonable suspicion that an individual or
61	61	entity owns real property in this state in violation of this
62	62	subchapter, the attorney general may bring an action to enforce
63	63	this subchapter in a district court in the county where all or part
64	64	of the real property that is the subject of the violation is
65	65	located.
66	66	(b) If the district court finds that the real property
67	67	subject to an action brought under Subsection (a) is owned by an
68	68	individual or entity in violation of Section 5.254, the court shall
69	69	enter an order stating that finding and ordering the individual or
70	70	entity to divest all interest in the property.
71	71	Sec. 5.256. DIVESTMENT; FORFEITURE. (a) Not later than the
72	72	first anniversary of the date the district court enters an order
73	73	under Section 5.255(b), an individual or entity found by the
74	74	district court to own real property in violation of this subchapter
75	75	shall divest all interest in the real property.
76	76	(b) If an individual or entity fails to divest an interest
77	77	in real property as required by an order issued under Subsection
78	78	(a), the district court shall enter an order that forfeits the
79	79	individual's or entity's interest in the real property to this
80	80	state.
81	81	Sec. 5.257. STATE MANAGEMENT OF FORFEITED REAL PROPERTY.
82	82	(a) An interest in real property forfeited to this state under
83	83	Section 5.256(b) shall be owned by this state and managed by the
84	84	General Land Office.
85	85	(b) Proceeds of a disposition of an interest in real
86	86	property forfeited to this state under Section 5.256(b) shall be
87	87	remitted to the comptroller for deposit to the credit of the
88	88	foundation school fund.
89	89	SECTION 3. As soon as practicable after the effective date
90	90	of this Act, the attorney general shall adopt rules for the
91	91	implementation of Subchapter H, Chapter 5, Property Code, as added
92	92	by this Act.
93	93	SECTION 4. This Act applies to ownership of real property
94	94	regardless of whether ownership is acquired before, on, or after
95	95	the effective date of this Act.
96	96	SECTION 5. This Act takes effect on the 91st day after the
97	97	last day of the legislative session.