88S30459 SHH-D
 
  By: Oliverson H.B. No. 178
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to verification of identity and employment authorization
  in connection with certain contracts for or concerning the
  conveyance of residential real property and residential leases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 5, Property Code, is amended by adding
  Subchapter I to read as follows:
  SUBCHAPTER I. REQUIREMENT TO VERIFY IDENTITY AND EMPLOYMENT
  AUTHORIZATION FOR CERTAIN RESIDENTIAL REAL PROPERTY TRANSACTIONS
         Sec. 5.301.  DEFINITIONS. In this subchapter:
               (1)  "Commercial real property" means real property
  that is held or used for the production of income, including
  industrial real property.
               (2)  "Employment authorization" means a citizenship or
  immigration status that provides the right to work in the United
  States as established for purposes of 8 C.F.R. Section 274a.2.
               (3)  "Residential real property" means real property
  that is improved and is designed principally for residential
  occupancy or vacant land that may be improved for that purpose. The
  term includes an individual unit of a condominium or cooperative.
  The term does not include commercial real property.
         Sec. 5.302.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies only to a contract for or concerning the conveyance of
  residential real property with respect to which the seller:
               (1)  enters into an executory contract for conveyance
  of the property that allows the purchaser to take immediate
  possession of the property and make periodic payments toward the
  purchase price before the deed is delivered to the purchaser;
               (2)  grants a potential purchaser an option to purchase
  the property that includes or is combined or executed concurrently
  with a residential lease agreement; or
               (3)  provides a mortgage loan to an individual to
  purchase the property.
         Sec. 5.303.  EVIDENCE OF IDENTITY AND EMPLOYMENT
  AUTHORIZATION REQUIRED FOR CERTAIN RESIDENTIAL REAL PROPERTY
  TRANSACTIONS. (a)  A seller may not enter into a contract for or
  concerning the conveyance of residential real property to which
  this subchapter applies unless the seller requires the purchaser or
  potential purchaser to:
               (1)  attest to the purchaser's or potential purchaser's
  employment authorization; and
               (2)  provide to the property owner evidence of the
  purchaser's or potential purchaser's identity and employment
  authorization.
         (b)  A seller shall obtain the attestation required under
  Subsection (a)(1) and record details of the evidence provided under
  Subsection (a)(2) on a form similar to Form I-9 as provided by 8
  C.F.R. Section 274a.2.
         Sec. 5.304.  CONTRACT OR CONVEYANCE VOID IN CASE OF
  VIOLATION.  A contract entered into in violation of Section 5.303
  and any conveyance made under that contract is void.
         SECTION 2.  Subchapter A, Chapter 92, Property Code, is
  amended by adding Section 92.027 to read as follows:
         Sec. 92.027.  EVIDENCE OF IDENTITY AND EMPLOYMENT
  AUTHORIZATION REQUIRED FOR LEASE. (a)  In this section,
  "employment authorization" means a citizenship or immigration
  status that provides the right to work in the United States as
  established for purposes of 8 C.F.R. Section 274a.2.
         (b)  A landlord may not enter into a lease of residential
  rental property unless the landlord requires the tenant to:
               (1)  attest to the tenant's employment authorization;
  and
               (2)  provide to the landlord evidence of the tenant's
  identity and employment authorization.
         (c)  A landlord shall obtain the attestation required under
  Subsection (b)(1) and record details of the evidence provided under
  Subsection (b)(2) on a form similar to Form I-9 as provided by 8
  C.F.R. Section 274a.2.
         (d)  A lease entered into in violation of this section is
  void.
         SECTION 3.  The changes in law made by this Act apply only to
  a contract or lease agreement entered into on or after the effective
  date of this Act. A contract or lease agreement entered into 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 on the 91st day after the
  last day of the legislative session.