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A BILL TO BE ENTITLED
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AN ACT
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relating to the ownership of real property by certain aliens or |
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foreign entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.005, Property Code, is amended to read |
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as follows: |
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Sec. 5.005. ALIENS. Except as provided by Subchapter H, an |
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[An] alien has the same real and personal property rights as a |
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United States citizen. |
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SECTION 2. Chapter 5, Property Code, is amended by adding |
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Subchapter H to read as follows: |
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SUBCHAPTER H. OWNERSHIP OF REAL PROPERTY BY CERTAIN FOREIGN |
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INDIVIDUALS OR ENTITIES |
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Sec. 5.251. DEFINITIONS. In this subchapter: |
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(1) "Control" means ownership of at least 50 percent |
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of the voting ownership interest of an organization necessary to |
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elect a governing person or governing authority of an organization. |
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(2) "Designated country" means a country designated by |
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the governor under Section 5.253. |
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(3) "Governing authority," "governing person," and |
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"organization" have the meanings assigned by Section 1.002, |
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Business Organizations Code. |
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Sec. 5.252. EXCEPTION: UNITED STATES CITIZENS AND LAWFUL |
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PERMANENT RESIDENTS. This subchapter does not apply to: |
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(1) an individual who is a citizen or lawful permanent |
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resident of the United States, including an individual who is a |
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citizen of a foreign country; or |
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(2) a company or other entity that is owned by or under |
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the control of one or more individuals described by Subdivision |
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(1). |
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Sec. 5.253. DESIGNATION OF COUNTRY AS SUBJECT TO |
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PROHIBITION ON OWNERSHIP OF REAL PROPERTY. (a) The governor, after |
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consultation with the public safety director of the Department of |
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Public Safety, may designate a country of which a governmental |
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entity, company or other entity, or citizen shall be subject to this |
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subchapter. |
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(b) The governor shall consult the Homeland Security |
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Council established under Subchapter B, Chapter 421, Government |
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Code, for purposes of making a designation under this section. |
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Sec. 5.254. PROHIBITION ON OWNERSHIP OF REAL PROPERTY. |
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Except as provided by Section 5.252 and notwithstanding any other |
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law, the following may not own real property in this state: |
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(1) a governmental entity of a designated country; |
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(2) a company or other entity that is: |
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(A) headquartered in a designated country; |
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(B) directly or indirectly under the control of |
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the government of a designated country; or |
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(C) owned by or under the control of one or more |
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individuals who are citizens of a designated country; |
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(3) a company or other entity that is owned by or under |
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the control of a company or entity described by Subdivision (2); or |
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(4) an individual who is a citizen of a designated |
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country. |
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Sec. 5.255. ATTORNEY GENERAL ENFORCEMENT. (a) If the |
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attorney general has a reasonable suspicion that an individual or |
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entity owns real property in this state in violation of this |
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subchapter, the attorney general may bring an action to enforce |
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this subchapter in a district court in the county where all or part |
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of the real property that is the subject of the violation is |
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located. |
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(b) If the district court finds that the real property |
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subject to an action brought under Subsection (a) is owned by an |
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individual or entity in violation of Section 5.254, the court shall |
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enter an order stating that finding and ordering the individual or |
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entity to divest all interest in the property. |
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Sec. 5.256. DIVESTMENT; FORFEITURE. (a) Not later than the |
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first anniversary of the date the district court enters an order |
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under Section 5.255(b), an individual or entity found by the |
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district court to own real property in violation of this subchapter |
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shall divest all interest in the real property. |
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(b) If an individual or entity fails to divest an interest |
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in real property as required by an order issued under Subsection |
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(a), the district court shall enter an order that forfeits the |
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individual's or entity's interest in the real property to this |
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state. |
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Sec. 5.257. STATE MANAGEMENT OF FORFEITED REAL PROPERTY. |
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(a) An interest in real property forfeited to this state under |
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Section 5.256(b) shall be owned by this state and managed by the |
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General Land Office. |
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(b) Proceeds of a disposition of an interest in real |
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property forfeited to this state under Section 5.256(b) shall be |
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remitted to the comptroller for deposit to the credit of the |
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foundation school fund. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the attorney general shall adopt rules for the |
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implementation of Subchapter H, Chapter 5, Property Code, as added |
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by this Act. |
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SECTION 4. This Act applies to ownership of real property |
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regardless of whether ownership is acquired before, on, or after |
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the effective date of this Act. |
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SECTION 5. This Act takes effect on the 91st day after the |
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last day of the legislative session. |