88S40088 SHH-D
By: Bell of Montgomery H.B. No. 59
A BILL TO BE ENTITLED
AN ACT
relating to verification of citizenship or legal residency for
purposes of certain contracts for or concerning the purchase of
residential real property located in platted subdivisions;
creating a criminal offense.
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. VERIFICATION AND FILING REQUIREMENTS 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) "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:
(1) an executory contract for conveyance of
residential real property located in a platted subdivision 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; and
(2) a contract in which a potential seller of
residential real property located in a platted subdivision grants
an individual an option to purchase the property that includes or is
combined or executed concurrently with a residential lease
agreement.
Sec. 5.303. SELLER VERIFICATION OF PURCHASER'S CITIZENSHIP
OR LEGAL RESIDENCY REQUIRED. A seller or potential seller may not
enter into a contract to which this subchapter applies unless the
purchaser or potential purchaser presents to the seller or
potential seller proof of United States citizenship or legal
residency in the form of:
(1) a United States passport;
(2) a Certificate of United States Citizenship,
Certificate of Naturalization, United States Citizen
Identification Card, or other document denoting United States
citizenship issued by the federal Department of Homeland Security
or the United States Department of State including an
identification photograph;
(3) a combination of:
(A) a social security number; and
(B) photo identification in the form of an
unexpired driver's license, election identification certificate,
or personal identification card issued by a state; or
(4) a combination of:
(A) a passport issued by a foreign country; and
(B) a Permanent Resident Card, Temporary
Resident Card, Employment Authorization Card, or other document
denoting legal residency issued by the federal Department of
Homeland Security or the United States Department of State
including an identification photograph.
Sec. 5.304. FILING REQUIREMENTS TO SELL RESIDENTIAL REAL
PROPERTY. A seller or potential seller who enters into a contract
to which this subchapter applies shall, not later than the 30th day
after the date the contract is executed, file for recording with the
clerk of each county in which property subject to the contract is
located:
(1) an affidavit from the seller or potential seller
affirming that the purchaser or potential purchaser presented proof
to the seller or potential seller of the purchaser's or potential
purchaser's United States citizenship or legal residency status in
a form listed in Section 5.303; and
(2) a copy of the contract.
Sec. 5.305. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this subchapter.
(b) An offense under this section is a Class B misdemeanor,
except that if it is shown on the trial of the offense that the
defendant has previously been:
(1) finally convicted of an offense under this
section, the offense is a Class A misdemeanor; or
(2) finally convicted two or more times of an offense
under this section, the offense is a state jail felony.
SECTION 2. The changes in law made by this Act apply only to
a contract entered into on or after the effective date of this Act.
A contract 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 3. This Act takes effect on the 91st day after the
last day of the legislative session.