Texas 2023 - 88th 4th C.S.

Texas House Bill HB59 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88S40088 SHH-D
2	2	By: Bell of Montgomery H.B. No. 59
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to verification of citizenship or legal residency for
8	8	purposes of certain contracts for or concerning the purchase of
9	9	residential real property located in platted subdivisions;
10	10	creating a criminal offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 5, Property Code, is amended by adding
13	13	Subchapter I to read as follows:
14	14	SUBCHAPTER I. VERIFICATION AND FILING REQUIREMENTS FOR CERTAIN
15	15	RESIDENTIAL REAL PROPERTY TRANSACTIONS
16	16	Sec. 5.301. DEFINITIONS. In this subchapter:
17	17	(1) "Commercial real property" means real property
18	18	that is held or used for the production of income, including
19	19	industrial real property.
20	20	(2) "Residential real property" means real property
21	21	that is improved and is designed principally for residential
22	22	occupancy or vacant land that may be improved for that purpose. The
23	23	term includes an individual unit of a condominium or cooperative.
24	24	The term does not include commercial real property.
25	25	Sec. 5.302. APPLICABILITY OF SUBCHAPTER. This subchapter
26	26	applies only to:
27	27	(1) an executory contract for conveyance of
28	28	residential real property located in a platted subdivision that
29	29	allows the purchaser to take immediate possession of the property
30	30	and make periodic payments toward the purchase price before the
31	31	deed is delivered to the purchaser; and
32	32	(2) a contract in which a potential seller of
33	33	residential real property located in a platted subdivision grants
34	34	an individual an option to purchase the property that includes or is
35	35	combined or executed concurrently with a residential lease
36	36	agreement.
37	37	Sec. 5.303. SELLER VERIFICATION OF PURCHASER'S CITIZENSHIP
38	38	OR LEGAL RESIDENCY REQUIRED. A seller or potential seller may not
39	39	enter into a contract to which this subchapter applies unless the
40	40	purchaser or potential purchaser presents to the seller or
41	41	potential seller proof of United States citizenship or legal
42	42	residency in the form of:
43	43	(1) a United States passport;
44	44	(2) a Certificate of United States Citizenship,
45	45	Certificate of Naturalization, United States Citizen
46	46	Identification Card, or other document denoting United States
47	47	citizenship issued by the federal Department of Homeland Security
48	48	or the United States Department of State including an
49	49	identification photograph;
50	50	(3) a combination of:
51	51	(A) a social security number; and
52	52	(B) photo identification in the form of an
53	53	unexpired driver's license, election identification certificate,
54	54	or personal identification card issued by a state; or
55	55	(4) a combination of:
56	56	(A) a passport issued by a foreign country; and
57	57	(B) a Permanent Resident Card, Temporary
58	58	Resident Card, Employment Authorization Card, or other document
59	59	denoting legal residency issued by the federal Department of
60	60	Homeland Security or the United States Department of State
61	61	including an identification photograph.
62	62	Sec. 5.304. FILING REQUIREMENTS TO SELL RESIDENTIAL REAL
63	63	PROPERTY. A seller or potential seller who enters into a contract
64	64	to which this subchapter applies shall, not later than the 30th day
65	65	after the date the contract is executed, file for recording with the
66	66	clerk of each county in which property subject to the contract is
67	67	located:
68	68	(1) an affidavit from the seller or potential seller
69	69	affirming that the purchaser or potential purchaser presented proof
70	70	to the seller or potential seller of the purchaser's or potential
71	71	purchaser's United States citizenship or legal residency status in
72	72	a form listed in Section 5.303; and
73	73	(2) a copy of the contract.
74	74	Sec. 5.305. CRIMINAL PENALTY. (a) A person commits an
75	75	offense if the person violates this subchapter.
76	76	(b) An offense under this section is a Class B misdemeanor,
77	77	except that if it is shown on the trial of the offense that the
78	78	defendant has previously been:
79	79	(1) finally convicted of an offense under this
80	80	section, the offense is a Class A misdemeanor; or
81	81	(2) finally convicted two or more times of an offense
82	82	under this section, the offense is a state jail felony.
83	83	SECTION 2. The changes in law made by this Act apply only to
84	84	a contract entered into on or after the effective date of this Act.
85	85	A contract entered into before the effective date of this Act is
86	86	governed by the law in effect immediately before the effective date
87	87	of this Act, and that law is continued in effect for that purpose.
88	88	SECTION 3. This Act takes effect on the 91st day after the
89	89	last day of the legislative session.