Texas 2023 - 88th 4th C.S.

Texas Senate Bill SB38

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

Impact

SB38 will significantly alter the landscape of real estate ownership in Texas, particularly in relation to foreign investment. It creates strict limitations on who can purchase land, particularly agricultural land, and could potentially limit the ability of certain foreign entities to invest in local economies. Additionally, it clarifies that existing property rights for U.S. citizens and lawful permanent residents remain intact, ensuring that local residents are not adversely affected by these restrictions. Provisions for attorney general oversight and enforcement are included to facilitate compliance and address potential violations.

Summary

Senate Bill 38 aims to regulate the purchase of or acquisition of title to real property by certain foreign individuals or entities, specifically those from designated countries deemed a risk to national security. The bill establishes a prohibition against such purchases if they pose a danger to public health, safety, and welfare. Government entities from specified countries, as well as individuals and companies under their control, are primarily restricted under this legislation. The bill is a response to concerns about foreign influence and potential risks associated with foreign ownership of local land.

Sentiment

The sentiment surrounding SB38 is largely driven by a desire to protect national security and local interests. Supporters argue that it is a necessary measure to mitigate risks posed by foreign ownership of critical land resources, which could threaten the economic stability or security of Texas. However, there is also concern among critics that such sweeping regulations may deter valuable foreign investment, which is vital for economic growth, and could be perceived as discriminatory, restricting opportunities for individuals from designated countries regardless of their intentions.

Contention

Notable points of contention include the definition of designated countries as well as the broad scope of the restrictions on property acquisition. Critics argue that the bill may need clarifications to avoid overreach that could unintentionally affect innocent parties while supporters believe the measures are essential for safeguarding state and national interests. The balance between maintaining local autonomy in land use and enforcing national security measures is at the heart of the debate, reflecting broader tensions around immigration and foreign policy.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 64. Receivership
    • Section: New Section

Property Code

  • Chapter 5. Conveyances
    • Section: New Section

Companion Bills

TX HB50

Very Similar Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

Previously Filed As

TX SB147

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX SB530

Creating the West Virginia Land Sovereignty Act

TX HB402

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX HB50

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX SB51

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX HB124

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX HB2752

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX SB17

Relating to the purchase or acquisition of real property by certain aliens or foreign entities.

Similar Bills

TX HB47

Relating to the ownership of real property by certain aliens or foreign entities.

TX HB179

Relating to the ownership of real property by certain aliens or foreign entities.

TX SB17

Relating to the purchase or acquisition of real property by certain aliens or foreign entities.

TX HB2752

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX SB147

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX HB1743

Relating to the holding or acquisition of an interest in real property by or on behalf of certain foreign individuals or entities; establishing an agricultural intelligence office; creating a criminal offense.

TX HB402

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities.

TX HB2536

Relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities; creating a criminal offense.