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A BILL TO BE ENTITLED
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AN ACT
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relating to verification of identity and employment authorization |
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in connection with certain contracts for or concerning the |
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conveyance of residential real property and residential leases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 5, Property Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. REQUIREMENT TO VERIFY IDENTITY AND EMPLOYMENT |
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AUTHORIZATION FOR CERTAIN RESIDENTIAL REAL PROPERTY TRANSACTIONS |
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Sec. 5.301. DEFINITIONS. In this subchapter: |
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(1) "Commercial real property" means real property |
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that is held or used for the production of income, including |
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industrial real property. |
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(2) "Employment authorization" means a citizenship or |
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immigration status that provides the right to work in the United |
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States as established for purposes of 8 C.F.R. Section 274a.2. |
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(3) "Residential real property" means real property |
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that is improved and is designed principally for residential |
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occupancy or vacant land that may be improved for that purpose. The |
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term includes an individual unit of a condominium or cooperative. |
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The term does not include commercial real property. |
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Sec. 5.302. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a contract for or concerning the conveyance of |
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residential real property with respect to which the seller: |
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(1) enters into an executory contract for conveyance |
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of the property that allows the purchaser to take immediate |
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possession of the property and make periodic payments toward the |
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purchase price before the deed is delivered to the purchaser; |
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(2) grants a potential purchaser an option to purchase |
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the property that includes or is combined or executed concurrently |
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with a residential lease agreement; or |
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(3) provides a mortgage loan to an individual to |
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purchase the property. |
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Sec. 5.303. EVIDENCE OF IDENTITY AND EMPLOYMENT |
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AUTHORIZATION REQUIRED FOR CERTAIN RESIDENTIAL REAL PROPERTY |
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TRANSACTIONS. (a) A seller may not enter into a contract for or |
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concerning the conveyance of residential real property to which |
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this subchapter applies unless the seller requires the purchaser or |
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potential purchaser to: |
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(1) attest to the purchaser's or potential purchaser's |
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employment authorization; and |
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(2) provide to the property owner evidence of the |
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purchaser's or potential purchaser's identity and employment |
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authorization. |
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(b) A seller shall obtain the attestation required under |
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Subsection (a)(1) and record details of the evidence provided under |
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Subsection (a)(2) on a form similar to Form I-9 as provided by 8 |
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C.F.R. Section 274a.2. |
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Sec. 5.304. CONTRACT OR CONVEYANCE VOID IN CASE OF |
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VIOLATION. A contract entered into in violation of Section 5.303 |
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and any conveyance made under that contract is void. |
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SECTION 2. Subchapter A, Chapter 92, Property Code, is |
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amended by adding Section 92.027 to read as follows: |
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Sec. 92.027. EVIDENCE OF IDENTITY AND EMPLOYMENT |
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AUTHORIZATION REQUIRED FOR LEASE. (a) In this section, |
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"employment authorization" means a citizenship or immigration |
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status that provides the right to work in the United States as |
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established for purposes of 8 C.F.R. Section 274a.2. |
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(b) A landlord may not enter into a lease of residential |
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rental property unless the landlord requires the tenant to: |
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(1) attest to the tenant's employment authorization; |
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and |
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(2) provide to the landlord evidence of the tenant's |
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identity and employment authorization. |
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(c) A landlord shall obtain the attestation required under |
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Subsection (b)(1) and record details of the evidence provided under |
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Subsection (b)(2) on a form similar to Form I-9 as provided by 8 |
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C.F.R. Section 274a.2. |
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(d) A lease entered into in violation of this section is |
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void. |
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SECTION 3. The changes in law made by this Act apply only to |
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a contract or lease agreement entered into on or after the effective |
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date of this Act. A contract or lease agreement entered into before |
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the effective date of this Act is governed by the law in effect |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect on the 91st day after the |
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last day of the legislative session. |