Texas 2025 - 89th Regular

Texas House Bill HB191 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3251 DRS-F
2	2	By: Spiller H.B. No. 191
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the purchase of or acquisition of title to real property
10	10	by certain foreign entities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 5.005, Property Code, is amended to read
13	13	as follows:
14	14	Sec. 5.005. ALIENS. Except as provided by Subchapter H, an
15	15	[An] alien has the same real and personal property rights as a
16	16	United States citizen.
17	17	SECTION 2. Chapter 5, Property Code, is amended by adding
18	18	Subchapter H to read as follows:
19	19	SUBCHAPTER H. PURCHASE OF OR ACQUISITION OF TITLE TO REAL
20	20	PROPERTY BY CERTAIN FOREIGN ENTITIES
21	21	Sec. 5.251. DEFINITIONS. In this subchapter:
22	22	(1) "Control" means the right to exercise more than 50
23	23	percent of an organization's voting interests to elect the
24	24	governing authority or governing person of the organization.
25	25	(2) "Designated country" means a country identified by
26	26	the United States Director of National Intelligence as a country
27	27	that poses a risk to the national security of the United States in
28	28	each of the three most recent Annual Threat Assessments of the U.S.
29	29	Intelligence Community issued pursuant to Section 108B, National
30	30	Security Act of 1947 (50 U.S.C. Section 3043b).
31	31	(3) "Governing authority," "governing person," and
32	32	"organization" have the meanings assigned by Section 1.002,
33	33	Business Organizations Code.
34	34	(4) "Real property" means:
35	35	(A) land;
36	36	(B) an improvement;
37	37	(C) a mine or quarry;
38	38	(D) a mineral in place;
39	39	(E) standing timber; or
40	40	(F) an estate or interest, other than:
41	41	(i) a mortgage or deed of trust creating a
42	42	lien on or an interest securing payment or performance of an
43	43	obligation in property described by Paragraphs (A) through (E); or
44	44	(ii) a leasehold estate in land or an
45	45	improvement for a term of five or fewer years.
46	46	Sec. 5.252. PROHIBITION ON PURCHASE OF OR ACQUISITION OF
47	47	TITLE TO REAL PROPERTY. Notwithstanding any other law, the
48	48	following may not purchase or otherwise acquire title to real
49	49	property in this state:
50	50	(1) a governmental entity of a designated country;
51	51	(2) an organization that is:
52	52	(A) headquartered in a designated country; or
53	53	(B) directly or indirectly under the control of
54	54	the government of a designated country; or
55	55	(3) an organization that is under the control of an
56	56	organization described by Subdivision (2).
57	57	Sec. 5.253. ATTORNEY GENERAL ENFORCEMENT. (a) If the
58	58	attorney general has reason to believe that an entity has purchased
59	59	or otherwise acquired title to real property in violation of
60	60	Section 5.252, the attorney general may bring an action to enforce
61	61	this subchapter in a district court in the county where all or part
62	62	of the real property subject to the violation is located.
63	63	(b) The attorney general shall record notice of an action
64	64	brought under Subsection (a) in the real property records of each
65	65	county where any part of the real property subject to the action is
66	66	located.
67	67	(c) If the district court finds that the real property
68	68	subject to an action brought under Subsection (a) was purchased or
69	69	otherwise acquired by an entity in violation of Section 5.252, the
70	70	court shall enter an order stating that finding and appoint a
71	71	receiver to manage, control, and sell the real property.
72	72	(d) On appointment and qualification, a receiver appointed
73	73	under this section has the powers and duties of a receiver under
74	74	Chapter 64, Civil Practice and Remedies Code.
75	75	(e) A purchase of or acquisition of title to real property
76	76	in violation of Section 5.252 is not void because of the violation,
77	77	and the validity or enforceability by any person of a purchase
78	78	contract for or the conveyance of the real property is not otherwise
79	79	affected by the violation.
80	80	SECTION 3. As soon as practicable after the effective date
81	81	of this Act, the attorney general shall adopt rules for the
82	82	implementation of Subchapter H, Chapter 5, Property Code, as added
83	83	by this Act.
84	84	SECTION 4. The changes in law made by this Act apply only to
85	85	the purchase of or other acquisition of title to real property on or
86	86	after the effective date of this Act. The purchase of or other
87	87	acquisition of title to real property before the effective date of
88	88	this Act is governed by the law in effect immediately before the
89	89	effective date of this Act, and that law is continued in effect for
90	90	that purpose.
91	91	SECTION 5. This Act takes effect September 1, 2025.