Texas 2025 - 89th Regular

Texas House Bill HB2752 Compare Versions

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

Old	New	Differences
1	1	89R2308 DRS-F
2	2	By: Vasut H.B. No. 2752
3	3
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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 aliens or foreign entities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 64.001(a), Civil Practice and Remedies
13	13	Code, is amended to read as follows:
14	14	(a) A court of competent jurisdiction may appoint a
15	15	receiver:
16	16	(1) in an action by a vendor to vacate a fraudulent
17	17	purchase of property;
18	18	(2) in an action by a creditor to subject any property
19	19	or fund to the creditor's [his] claim;
20	20	(3) in an action between partners or others jointly
21	21	owning or interested in any property or fund;
22	22	(4) in an action by a mortgagee for the foreclosure of
23	23	the mortgage and sale of the mortgaged property;
24	24	(5) for a corporation that is insolvent, is in
25	25	imminent danger of insolvency, has been dissolved, or has forfeited
26	26	its corporate rights; [or]
27	27	(6) in an action by the attorney general under
28	28	Subchapter H, Chapter 5, Property Code; or
29	29	(7) in any other case in which a receiver may be
30	30	appointed under the rules of equity.
31	31	SECTION 2. Section 5.005, Property Code, is amended to read
32	32	as follows:
33	33	Sec. 5.005. ALIENS. Except as provided by Subchapter H, an
34	34	[An] alien has the same real and personal property rights as a
35	35	United States citizen.
36	36	SECTION 3. Chapter 5, Property Code, is amended by adding
37	37	Subchapter H to read as follows:
38	38	SUBCHAPTER H. PURCHASE OF OR ACQUISITION OF TITLE TO REAL PROPERTY
39	39	BY CERTAIN FOREIGN INDIVIDUALS OR ENTITIES
40	40	Sec. 5.251. DEFINITIONS. In this subchapter:
41	41	(1) "Control" means ownership of at least 50 percent
42	42	of the voting ownership interest of an organization necessary to
43	43	elect a governing person or governing authority of an organization.
44	44	(2) "Designated country" means:
45	45	(A) a country identified by the United States
46	46	Director of National Intelligence as a country that poses a risk to
47	47	the national security of the United States in an Annual Threat
48	48	Assessment of the U.S. Intelligence Community issued pursuant to
49	49	Section 108B, National Security Act of 1947 (50 U.S.C. Section
50	50	3043b) during the three-year period preceding the date of a
51	51	purchase or acquisition subject to this subchapter; or
52	52	(B) a country that at any time during the
53	53	three-year period preceding the date of a purchase or acquisition
54	54	subject to this subchapter has been:
55	55	(i) designated by the United States
56	56	secretary of state as a state sponsor of terrorism; or
57	57	(ii) subject to sanctions by the United
58	58	States Department of the Treasury Office of Foreign Assets Control
59	59	relating to the sale or transfer of arms, munitions, or technology.
60	60	(3) "Governing authority," "governing person," and
61	61	"organization" have the meanings assigned by Section 1.002,
62	62	Business Organizations Code.
63	63	(4) "Governing political party" means a political
64	64	organization any member of which occupies the highest executive
65	65	office of a country.
66	66	(5) "Real property" means:
67	67	(A) land;
68	68	(B) an improvement;
69	69	(C) a mine or quarry;
70	70	(D) a mineral in place; or
71	71	(E) standing timber.
72	72	Sec. 5.252. EXCEPTIONS: UNITED STATES CITIZENS AND LAWFUL
73	73	PERMANENT RESIDENTS; RESIDENCE HOMESTEAD PROPERTY. (a) This
74	74	subchapter does not apply to:
75	75	(1) an individual who is a citizen or lawful permanent
76	76	resident of the United States, including an individual who is a
77	77	citizen of a foreign country; or
78	78	(2) an organization that is owned by or under the
79	79	control of one or more individuals described by Subdivision (1).
80	80	(b) This subchapter does not apply to real property that is:
81	81	(1) intended for use as an individual's residence
82	82	homestead, as defined by Section 11.13(j), Tax Code; or
83	83	(2) owned by a governmental entity as a foreign
84	84	consulate or embassy of the entity as recognized by the United
85	85	States Department of State.
86	86	(c) This subchapter does not apply to a leasehold interest
87	87	in land or improvements constructed upon a leasehold.
88	88	Sec. 5.253. PROHIBITION ON PURCHASE OF OR ACQUISITION OF
89	89	TITLE TO REAL PROPERTY. Except as provided by Section 5.252 and
90	90	notwithstanding any other law, the following may not purchase or
91	91	otherwise acquire title to real property in this state:
92	92	(1) a governmental entity of a designated country;
93	93	(2) the governing political party of a designated
94	94	country;
95	95	(3) an organization that at any time during the
96	96	three-year period preceding the purchase or acquisition has been
97	97	designated as a foreign terrorist organization by the United States
98	98	secretary of state under 8 U.S.C. Section 1189;
99	99	(4) an individual that at any time during the
100	100	three-year period preceding the purchase or acquisition has been
101	101	subject to sanctions by the United States Department of the
102	102	Treasury Office of Foreign Assets Control as a specially designated
103	103	national;
104	104	(5) an organization that is:
105	105	(A) under the control of the government or
106	106	governing political party of a designated country; or
107	107	(B) owned by or under the control of:
108	108	(i) one or more individuals who are elected
109	109	or appointed officials or employees of the government or members of
110	110	the governing political party of a designated country; or
111	111	(ii) an individual or organization
112	112	described by Subdivision (3) or (4);
113	113	(6) an organization that is owned by or under the
114	114	control of an organization described by Subdivision (5); or
115	115	(7) an individual who:
116	116	(A) is or at any time during the 10-year period
117	117	preceding the purchase or acquisition has been an elected or
118	118	appointed official or employee of the government or member of the
119	119	governing political party of a designated country;
120	120	(B) is related within the third degree by
121	121	consanguinity or within the second degree by affinity, as
122	122	determined under Chapter 573, Government Code, to an individual
123	123	described by this section; or
124	124	(C) is a citizen of a designated country and is
125	125	not lawfully present in the United States.
126	126	Sec. 5.254. ATTORNEY GENERAL ENFORCEMENT. If the attorney
127	127	general has a reasonable suspicion that the purchase of or
128	128	acquisition of title to real property in this state by an
129	129	individual, organization, or entity in violation of this subchapter
130	130	creates a risk to the health, safety, and welfare of the public, the
131	131	attorney general may bring an action to enforce this subchapter in a
132	132	district court in the county where all or part of the real property
133	133	that is the subject of the violation is located.
134	134	Sec. 5.255. DISCOVERY; SECRETARY OF STATE INTERROGATORIES
135	135	AND RECORDS. (a) The attorney general may conduct discovery in an
136	136	action brought under Section 5.254.
137	137	(b) The secretary of state shall on request by the attorney
138	138	general:
139	139	(1) serve interrogatories on an individual,
140	140	organization, or entity as necessary to determine the ownership or
141	141	control of an organization or entity that is the subject of an
142	142	action by the attorney general under Section 5.254; and
143	143	(2) provide to the attorney general all records held
144	144	by the secretary relating to the ownership or control of an
145	145	organization or entity that is the subject of an action by the
146	146	attorney general under Section 5.254.
147	147	Sec. 5.256. DIVESTITURE; APPOINTMENT OF RECEIVER. (a) If
148	148	the district court finds that the real property subject to an action
149	149	brought under Section 5.254 was purchased or otherwise acquired by
150	150	an individual, organization, or entity in violation of Section
151	151	5.253, the court shall enter an order that:
152	152	(1) states the court's finding;
153	153	(2) divests the individual's, organization's or
154	154	entity's interest in the real property; and
155	155	(3) appoints a receiver to manage and control the real
156	156	property pending the sale or other disposition of the real
157	157	property.
158	158	(b) On appointment and qualification, a receiver appointed
159	159	under this section has the powers and duties of a receiver under
160	160	Chapter 64, Civil Practice and Remedies Code.
161	161	SECTION 4. As soon as practicable after the effective date
162	162	of this Act, the attorney general shall adopt rules for the
163	163	implementation of Subchapter H, Chapter 5, Property Code, as added
164	164	by this Act.
165	165	SECTION 5. The changes in law made by this Act apply only to
166	166	the purchase of or other acquisition of title to real property on or
167	167	after the effective date of this Act. The purchase of or other
168	168	acquisition of title to real property before the effective date of
169	169	this Act is governed by the law in effect immediately before the
170	170	effective date of this Act, and that law is continued in effect for
171	171	that purpose.
172	172	SECTION 6. This Act takes effect September 1, 2025.