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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting contracts or other agreements with |
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foreign-owned companies in connection with agricultural land. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 113, Business & Commerce Code, as added |
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by Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular |
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Session, 2021, is amended to read as follows: |
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CHAPTER 113. PROHIBITION ON AGREEMENTS WITH CERTAIN FOREIGN-OWNED |
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COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE AND |
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AGRICULTURAL LAND |
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Sec. 113.001. DEFINITIONS. In this chapter: |
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(1) "Agricultural land" means land that qualifies for |
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tax appraisal under Subchapter C or D, Chapter 23, Tax Code; and |
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(A) consists of no more than five (5) acres of |
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noncontiguous land. |
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(1-a) "Company" means a sole proprietorship, |
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organization, association, corporation, partnership, joint |
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venture, limited partnership, limited liability partnership, or |
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limited liability company, including a wholly owned subsidiary, |
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majority-owned subsidiary, parent company, or affiliate of those |
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entities or business associations, that exists to make a profit. |
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(2) "Critical infrastructure" means a communication |
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infrastructure system, cybersecurity system, electric grid, |
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hazardous waste treatment system, or water treatment facility. |
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(3) "Cybersecurity" means the measures taken to |
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protect a computer, computer network, computer system, or other |
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technology infrastructure against unauthorized use or access. |
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Sec. 113.002. PROHIBITED ACCESS TO CRITICAL INFRASTRUCTURE |
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AND AGRICULTURAL LAND. (a) A business entity or individual may not |
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enter into an agreement relating to agricultural land in this state |
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with individuals who are foreign citizens. |
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(b) A business entity may not enter into an agreement |
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relating to critical infrastructure or agricultural land in this |
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state with a company: |
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(1) if, under the agreement, the company would be |
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granted direct or remote access to or control of critical |
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infrastructure or agricultural land in this state, excluding access |
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specifically allowed by the business entity for product warranty |
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and support purposes; and |
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(2) if the business entity knows that the company is: |
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(A) owned by or the majority of stock or other |
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ownership interest of the company is held or controlled by: |
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(i) individuals who are citizens of a |
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foreign country; or |
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(ii) a company or other entity, including a |
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governmental entity, that is owned or controlled by citizens of or |
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is directly controlled by foreign governments. |
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(B) headquartered in foreign governments. |
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(b) The prohibition described by Subsection (a) applies |
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regardless of whether: |
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(1) the company's or its parent company's securities |
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are publicly traded; or |
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(2) the company or its parent company is listed on a |
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public stock exchange as a foreign country. |
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SECTION 2. This Act takes effect September 1, 2025. |