Bill Text: TX HB4006 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the purchase of or acquisition of title to real property by certain foreign entities.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2023-04-20 - Left pending in committee [HB4006 Detail]
Download: Texas-2023-HB4006-Introduced.html
By: Spiller | H.B. No. 4006 |
|
||
|
||
relating to the purchase of or acquisition of title to real property | ||
by certain foreign entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 5.005, Property Code, is amended to read | ||
as follows: | ||
Sec. 5.005. ALIENS. Except as provided by Subchapter H, an | ||
[ |
||
United States citizen. | ||
SECTION 2. Chapter 5, Property Code, is amended by adding | ||
Subchapter H to read as follows: | ||
SUBCHAPTER H. PURCHASE OF OR ACQUISITION OF TITLE TO REAL | ||
PROPERTY BY CERTAIN FOREIGN ENTITIES | ||
Sec. 5.251. PROHIBITION ON PURCHASE OF OR ACQUISITION OF | ||
TITLE TO REAL PROPERTY. Notwithstanding any other law, the | ||
following may not purchase or otherwise acquire title to real | ||
property in this state: | ||
(1) a governmental entity of China, Iran, North Korea, | ||
or Russia; | ||
(2) a company or other entity that is: | ||
(A) headquartered in China, Iran, North Korea, or | ||
Russia; | ||
(B) directly or indirectly held or controlled by | ||
the government of China, Iran, North Korea, or Russia; or | ||
(C) owned by or the majority of stock or other | ||
ownership interest of which is held or controlled by entities who | ||
are citizens of China, Iran, North Korea, or Russia; | ||
(3) a company or other entity that is owned by or the | ||
majority of stock or other ownership interest of which is held or | ||
controlled by a company or entity described by Subdivision (2). | ||
Sec. 5.252. ATTORNEY GENERAL ENFORCEMENT. (a) If the | ||
attorney general has reason to believe that an entity has purchased | ||
or otherwise acquired title to real property in violation of | ||
Section 5.251, the attorney general may bring an action to enforce | ||
this subchapter in a district court in the county where all or part | ||
of the real property that is the subject of the violation is | ||
located. | ||
(b) The attorney general shall record notice of an action | ||
brought under Subsection (a) in the real property records of each | ||
county where any part of the real property subject to the action is | ||
located. | ||
(c) If the district court finds that the real property | ||
subject to an action brought under Subsection (a) was purchased or | ||
otherwise acquired by an entity in violation of Section 5.251, the | ||
court shall enter an order stating that finding and ordering the | ||
entity to divest all interest in the property. The attorney general | ||
shall record a copy of the order in the real property records of | ||
each county where any part of the real property subject to the order | ||
is located. | ||
Sec. 5.253. DIVESTMENT; FORCED SALE. (a) Not later than | ||
the first anniversary of the date the district court enters an order | ||
under Section 5.252(c), an entity found by the district court to | ||
have purchased or acquired title to real property in violation of | ||
this subchapter shall divest all interest in the real property. | ||
(b) If an entity fails to divest an interest in real | ||
property as required by an order issued under Subsection (a), the | ||
district court shall enter an order that divests the entity's | ||
interest in the real property and directs the sheriff or constable | ||
for each county where any part of the real property is located to | ||
seize and conduct a public sale of the property in the manner that | ||
similar property is sold under execution. | ||
Sec. 5.254. DISTRIBUTION OF SALE PROCEEDS. (a) An officer | ||
conducting a public sale under Section 5.253(b) is entitled to | ||
retain from the proceeds of the sale an amount equal to the | ||
reasonable expenses incurred by the officer. | ||
(b) The remaining proceeds of a sale conducted under Section | ||
5.253(b) shall be remitted to the comptroller for deposit in the | ||
general revenue fund. | ||
SECTION 3. As soon as practicable after the effective date | ||
of this Act, the attorney general shall adopt rules for the | ||
implementation of Subchapter H, Chapter 5, Property Code, as added | ||
by this Act. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
the purchase of or other acquisition of title to real property on or | ||
after the effective date of this Act. The purchase of or other | ||
acquisition of title to real property 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 5. This Act takes effect September 1, 2023. |