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A BILL TO BE ENTITLED
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AN ACT
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relating to verification of citizenship or legal residency for |
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purposes of certain contracts for or concerning the purchase of |
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residential real property located in platted subdivisions; |
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creating a criminal offense. |
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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. VERIFICATION AND FILING REQUIREMENTS FOR CERTAIN |
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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) "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: |
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(1) an executory contract for conveyance of |
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residential real property located in a platted subdivision that |
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allows the purchaser to take immediate possession of the property |
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and make periodic payments toward the purchase price before the |
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deed is delivered to the purchaser; and |
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(2) a contract in which a potential seller of |
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residential real property located in a platted subdivision grants |
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an individual an option to purchase the property that includes or is |
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combined or executed concurrently with a residential lease |
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agreement. |
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Sec. 5.303. SELLER VERIFICATION OF PURCHASER'S CITIZENSHIP |
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OR LEGAL RESIDENCY REQUIRED. A seller or potential seller may not |
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enter into a contract to which this subchapter applies unless the |
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purchaser or potential purchaser presents to the seller or |
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potential seller proof of United States citizenship or legal |
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residency in the form of: |
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(1) a United States passport; |
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(2) a Certificate of United States Citizenship, |
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Certificate of Naturalization, United States Citizen |
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Identification Card, or other document denoting United States |
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citizenship issued by the federal Department of Homeland Security |
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or the United States Department of State including an |
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identification photograph; |
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(3) a combination of: |
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(A) a social security number; and |
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(B) photo identification in the form of an |
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unexpired driver's license, election identification certificate, |
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or personal identification card issued by a state; or |
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(4) a combination of: |
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(A) a passport issued by a foreign country; and |
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(B) a Permanent Resident Card, Temporary |
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Resident Card, Employment Authorization Card, or other document |
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denoting legal residency issued by the federal Department of |
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Homeland Security or the United States Department of State |
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including an identification photograph. |
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Sec. 5.304. FILING REQUIREMENTS TO SELL RESIDENTIAL REAL |
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PROPERTY. A seller or potential seller who enters into a contract |
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to which this subchapter applies shall, not later than the 30th day |
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after the date the contract is executed, file for recording with the |
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clerk of each county in which property subject to the contract is |
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located: |
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(1) an affidavit from the seller or potential seller |
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affirming that the purchaser or potential purchaser presented proof |
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to the seller or potential seller of the purchaser's or potential |
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purchaser's United States citizenship or legal residency status in |
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a form listed in Section 5.303; and |
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(2) a copy of the contract. |
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Sec. 5.305. CRIMINAL PENALTY. (a) A person commits an |
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offense if the person violates this subchapter. |
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(b) An offense under this section is a Class B misdemeanor, |
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except that if it is shown on the trial of the offense that the |
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defendant has previously been: |
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(1) finally convicted of an offense under this |
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section, the offense is a Class A misdemeanor; or |
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(2) finally convicted two or more times of an offense |
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under this section, the offense is a state jail felony. |
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SECTION 2. The changes in law made by this Act apply only to |
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a contract entered into on or after the effective date of this Act. |
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A contract entered into before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2025. |