| 1 | 1 | | 88S30227 DRS-D |
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| 2 | 2 | | By: Harris, Cody H.B. No. 93 |
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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 certain property interests of a foreign government in |
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| 8 | 8 | | agricultural land. |
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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. PROPERTY INTEREST OF FOREIGN GOVERNMENT IN |
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| 13 | 13 | | AGRICULTURAL LAND |
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| 14 | 14 | | Sec. 3.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Agricultural land" means land that qualifies for |
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| 16 | 16 | | tax appraisal under Subchapter C or D, Chapter 23, Tax Code. |
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| 17 | 17 | | (2) "Foreign government" does not include: |
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| 18 | 18 | | (A) a federally recognized Indian tribe, as |
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| 19 | 19 | | listed by the United States secretary of the interior under 25 |
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| 20 | 20 | | U.S.C. Section 5131; or |
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| 21 | 21 | | (B) a government unit or enterprise of a |
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| 22 | 22 | | federally recognized Indian tribe described by Paragraph (A). |
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| 23 | 23 | | Sec. 3.002. CERTAIN PROPERTY INTERESTS OF FOREIGN |
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| 24 | 24 | | GOVERNMENT IN AGRICULTURAL LAND PROHIBITED. (a) Notwithstanding |
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| 25 | 25 | | any other law, and except as provided by Section 3.003, the |
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| 26 | 26 | | following may not lease, purchase, or otherwise acquire title to or |
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| 27 | 27 | | hold any other interest in agricultural land in this state: |
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| 28 | 28 | | (1) a foreign government; |
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| 29 | 29 | | (2) a company or other entity that is directly or |
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| 30 | 30 | | indirectly held or controlled by a foreign government; or |
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| 31 | 31 | | (3) a company or other entity that is owned by or the |
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| 32 | 32 | | majority of stock or other ownership interest of which is held or |
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| 33 | 33 | | controlled by a company or entity described by Subdivision (2). |
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| 34 | 34 | | (b) A transfer of a property interest in agricultural land |
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| 35 | 35 | | in violation of this section is void. |
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| 36 | 36 | | Sec. 3.003. PROPERTY INTEREST HELD ON AUGUST 31, 2023. (a) |
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| 37 | 37 | | Subject to Subsection (b), an entity described by Section 3.002 may |
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| 38 | 38 | | hold a property interest in agricultural land if the interest was |
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| 39 | 39 | | held by the entity on August 31, 2023. |
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| 40 | 40 | | (b) A property interest in agricultural land held by an |
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| 41 | 41 | | entity described by Section 3.002 that terminates on or after |
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| 42 | 42 | | September 1, 2023, may not be renewed by the entity. |
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| 43 | 43 | | SECTION 2. Section 5.005, Property Code, is amended to read |
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| 44 | 44 | | as follows: |
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| 45 | 45 | | Sec. 5.005. ALIENS. Except as provided by Chapter 3, |
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| 46 | 46 | | Agriculture Code, an [An] alien has the same real and personal |
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| 47 | 47 | | property rights as a United States citizen. |
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| 48 | 48 | | SECTION 3. This Act takes effect on the 91st day after the |
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| 49 | 49 | | last day of the legislative session. |
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