HB 2752
AN ACT relating to the purchase of or acquisition of title to real property
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
This Texas bill restricts real property purchases by foreign entities from designated countries deemed a national security risk, including governments, political parties, and organizations associated with those countries. Specifically, the bill prohibits entities from certain countries, terrorist organizations, or individuals under specific sanctions from acquiring real property in Texas, with exceptions for U.S. citizens, lawful permanent residents, and residential homestead properties. If a violation is discovered, the Attorney General can take legal action, potentially resulting in the divestiture of property and appointment of a receiver to manage the real estate.
Subject Areas
Bill Text
relating to the purchase of or acquisition of title to real property by certain aliens or foreign entities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 64.001(a), Civil Practice and Remedies Code, is amended to read as follows: (a) A court of competent jurisdiction may appoint a (1) in an action by a vendor to vacate a fraudulent (2) in an action by a creditor to subject any property or fund to the creditor's [his] claim; (3) in an action between partners or others jointly owning or interested in any property or fund; (4) in an action by a mortgagee for the foreclosure of the mortgage and sale of the mortgaged property; (5) for a corporation that is insolvent, is in imminent danger of insolvency, has been dissolved, or has forfeited (6) in an action by the attorney general under Subchapter H, Chapter 5, Property Code; or (7) in any other case in which a receiver may be appointed under the rules of equity. SECTION 2. Section 5.005, Property Code, is amended to read Sec. 5.005. ALIENS. Except as provided by Subchapter H, an [An] alien has the same real and personal property rights as a SECTION 3. 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 INDIVIDUALS OR ENTITIES Sec. 5.251. DEFINITIONS. In this subchapter: (1) "Control" means ownership of at least 50 percent of the voting ownership interest of an organization necessary to elect a governing person or governing authority of an organization. (2) "Designated country" means: (A) a country identified by the United States Director of National Intelligence as a country that poses a risk to the national security of the United States in an Annual Threat Assessment of the U.S. Intelligence Community issued pursuant to Section 108B, National Security Act of 1947 (50 U.S.C. Section 3043b) during the three-year period preceding the date of a purchase or acquisition subject to this subchapter; or (B) a country that at any time during the three-year period preceding the date of a purchase or acquisition subject to this subchapter has been: (i) designated by the United States secretary of state as a state sponsor of terrorism; or (ii) subject to sanctions by the United States Department of the Treasury Office of Foreign Assets Control relating to the sale or transfer of arms, munitions, or technology. (3) "Governing authority," "governing person," and "organization" have the meanings assigned by Section 1.002, (4) "Governing political party" means a political organization any member of which occupies the highest executive Sec. 5.252. EXCEPTIONS: UNITED STATES CITIZENS AND LAWFUL PERMANENT RESIDENTS; RESIDENCE HOMESTEAD PROPERTY. (a) This (1) an individual who is a citizen or lawful permanent resident of the United States, including an individual who is a citizen of a foreign country; or (2) an organization that is owned by or under the control of one or more individuals described by Subdivision (1). (b) This subchapter does not apply to real property that is: (1) intended for use as an individual's residence homestead, as defined by Section 11.13(j), Tax Code; or (2) owned by a governmental entity as a foreign consulate or embassy of the entity as recognized by the United (c) This subchapter does not apply to a leasehold interest in land or improvements constructed upon a leasehold. Sec. 5.253. PROHIBITION ON PURCHASE OF OR ACQUISITION OF TITLE TO REAL PROPERTY. Except as provided by Section 5.252 and notwithstanding any other law, the following may not purchase or otherwise acquire title to real property in this state: (1) a governmental entity of a designated country; (2) the governing political party of a designated (3) an organization that at any time during the three-year period preceding the purchase or acquisition has been designated as a foreign terrorist organization by the United States secretary of state under 8 U.S.C. Section 1189; (4) an individual that at any time during the three-year period preceding the purchase or acquisition has been subject to sanctions by the United States Department of the Treasury Office of Foreign Assets Control as a specially designated (A) under the control of the government or governing political party of a designated country; or (B) owned by or under the control of: (i) one or more individuals who are elected or appointed officials or employees of the government or members of the governing political party of a designated country; or (ii) an individual or organization described by Subdivision (3) or (4); (6) an organization that is owned by or under the control of an organization described by Subdivision (5); or (A) is or at any time during the 10-year period preceding the purchase or acquisition has been an elected or appointed official or employee of the government or member of the governing political party of a designated country; (B) is related within the third degree by consanguinity or within the second degree by affinity, as determined under Chapter 573, Government Code, to an individual (C) is a citizen of a designated country and is not lawfully present in the United States. Sec. 5.254. ATTORNEY GENERAL ENFORCEMENT. If the attorney general has a reasonable suspicion that the purchase of or acquisition of title to real property in this state by an individual, organization, or entity in violation of this subchapter creates a risk to the health, safety, and welfare of the public, 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. Sec. 5.255. DISCOVERY; SECRETARY OF STATE INTERROGATORIES AND RECORDS. (a) The attorney general may conduct discovery in an action brought under Section 5.254. (b) The secretary of state shall on request by the attorney (1) serve interrogatories on an individual, organization, or entity as necessary to determine the ownership or control of an organization or entity that is the subject of an action by the attorney general under Section 5.254; and (2) provide to the attorney general all records held by the secretary relating to the ownership or control of an organization or entity that is the subject of an action by the attorney general under Section 5.254. Sec. 5.256. DIVESTITURE; APPOINTMENT OF RECEIVER. (a) If the district court finds that the real property subject to an action brought under Section 5.254 was purchased or otherwise acquired by an individual, organization, or entity in violation of Section 5.253, the court shall enter an order that: (1) states the court's finding; (2) divests the individual's, organization's or entity's interest in the real property; and (3) appoints a receiver to manage and control the real property pending the sale or other disposition of the real (b) On appointment and qualification, a receiver appointed under this section has the powers and duties of a receiver under Chapter 64, Civil Practice and Remedies Code. SECTION 4. 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 SECTION 5. 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 SECTION 6. This Act takes effect September 1, 2025.
Expert Lobbyists for This Bill
These lobbyists specialize in Aliens and related subject areas.
Haley Cornyn
Gavin L. Massingill
Shera Eichler
Jennifer Shelley Rodriguez
Ky Ash
Nora Del Bosque
Craig Holzheauser
Jacob Smith
Elizabeth Hadley
Clayton Pope
Bill History
Bill filed: AN ACT relating to the purchase of or acquisition of title to real property
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