Bill Text: TX SB711 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the purchase of or other acquisition of title to real property by prohibited foreign actors.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-03-02 - Left pending in committee [SB711 Detail]
Download: Texas-2023-SB711-Introduced.html
2023S0068-1 01/27/23 | ||
By: Perry | S.B. No. 711 |
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relating to the purchase of or other acquisition of title to real | ||
property by prohibited foreign actors. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5.005, Property Code, is amended to read | ||
as follows: | ||
Sec. 5.005. ALIENS. Except as provided by Section 5.0051, | ||
an [ |
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United States citizen. | ||
SECTION 2. Subchapter A, Chapter 5, Property Code, is | ||
amended by adding Section 5.0051 to read as follows: | ||
Sec. 5.0051. FOREIGN OWNERSHIP OR ACQUISITION OF REAL | ||
PROPERTY. (a) In this section: | ||
(1) "Real property" has the meaning assigned by | ||
Section 1.04(2), Tax Code. | ||
(2) "Prohibited foreign actor" means an alien, | ||
business, government, or an agent, trustee, or fiduciary of an | ||
alien, business, or government from a country identified as a | ||
country that poses a risk to the national security of the United | ||
States in the most recent annual report on worldwide threats, | ||
commonly known as the Annual Threat Assessment, issued by the | ||
Director of National Intelligence pursuant to Section 108B, | ||
National Security Act of 1947 (50 U.S.C. 3043b). | ||
(b) Notwithstanding any other law, a prohibited foreign | ||
actor may not purchase or otherwise acquire title to real property | ||
in this state without written notification to the seller. | ||
(c) A buyer required to provide written notification under | ||
Subsection (b) shall do so as soon as reasonably possible, but not | ||
later than 10 days before the closing of the property. The | ||
notification shall specifically identify: | ||
(1) whether the buyer is an alien, foreign business, | ||
foreign government, or an agent, trustee, or fiduciary of an alien, | ||
foreign business, or foreign government; and | ||
(2) the buyer's country of citizenship or country of | ||
creation or organization. | ||
(d) Upon receipt of written notification described by | ||
Subsection (c), a seller may choose to proceed with the sale of the | ||
property or immediately revoke any promise to sell the property. | ||
(e) A court shall dismiss any action brought against a | ||
seller for revoking a promise to sell real property based on a | ||
notification provided under Subsection (c), and no party shall | ||
recover any damages in a suit against a seller if the seller revokes | ||
a promise to sell based on notification provided under Subsection | ||
(c). | ||
(f) The Texas Real Estate Commission shall develop a form to | ||
provide the written notification required by Subsection (c). | ||
SECTION 3. The changes in law made by this Act apply only to | ||
the purchase of or other acquisition of title to real property on or | ||
after the effective date of this Act. The purchase of or other | ||
acquisition of title to real property 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 4. This Act takes effect September 1, 2023. |