SB17 - Relating to the purchase or acquisition of an interest in real property by certain aliens or foreign entities; creating a criminal offense; providing a civil penalty.

      S.B. No. 17         AN ACT   relating to the purchase or acquisition of an interest in real   property by certain aliens or foreign entities; creating a criminal   offense; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  (a)  The legislature finds the following as   informed by the determination of the United States Director of   National Intelligence in the 2025 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):                (1)  with respect to China:                      (A)  China's dominance in the mining and   processing of critical materials is a particular threat, providing   it with the ability to restrict quantities and affect global   prices. Beijing has shown a willingness to restrict global access   to its mineral resources;                      (B)  China is using an aggressive   whole-of-government approach, combined with state direction of the   private sector, to become a global science and technology   superpower. It wishes to surpass the United States and achieve   further economic, political, and military gain;                      (C)  China is accelerating its progress by using   illicit means;                      (D)  China has stolen hundreds of gigabytes of   intellectual property from companies across the world, including   from the United States;                      (E)  China is heavily investing in collecting   health and genetic data;                      (F)  China poses health risks to the world;                      (G)  Beijing will continue to expand its coercive,   subversive, and malignant influence activities to weaken the United   States. It seeks to suppress critical views of China within the   United States; and                      (H)  China has increased its capabilities to   conduct covert influence operations and disseminate   disinformation;                (2)  with respect to Russia:                      (A)  Russia's advanced cyber capabilities, its   repeated success compromising sensitive targets for intelligence   collection, and its past attempts to access United States critical   infrastructure make it a persistent counterintelligence and cyber   attack threat; and                      (B)  Russia intentionally stokes political   discord in the West, including by amplifying preferred Russian   narratives. Russia discreetly engages Americans in these processes   while hiding Russia's involvement;                (3)  with respect to Iran:                      (A)  Iran's growing expertise and willingness to   conduct aggressive cyber operations make it a major threat to the   security of the United States. Guidance from Iranian leaders has   incentivized cyber actors to become more aggressive in developing   capabilities to conduct cyber attacks;                      (B)  Iran remains committed to its long-standing   efforts to develop surrogate networks inside the United States; and                      (C)  Iran has previously tried to conduct lethal   operations in the United States; and                (4)  with respect to North Korea:                      (A)  North Korea may expand its ongoing cyber   espionage operations;                      (B)  North Korea continues to pursue military   capabilities that threaten the United States and enable North Korea   to undermine the United States;                      (C)  cooperation among China, Russia, Iran, and   North Korea has grown rapidly in recent years, reinforcing threats   from each. Such cooperation has strengthened their abilities to   harm the United States; and                      (D)  North Korea will continue to defy   international sanctions and engage in illicit activities,   including stealing cryptocurrency, sending labor overseas, and   trading UN-proscribed goods to resource and fund North Korea's   priorities.          (b)  The legislature finds it necessary to exercise the   police power of this state as provided in this legislation.          SECTION 2.  Section 64.001(a), Civil Practice and Remedies   Code, is amended to read as follows:          (a)  A court of competent jurisdiction may appoint a   receiver:                (1)  in an action by a vendor to vacate a fraudulent   purchase of property;                (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   its corporate rights; [ or ]                (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 3.  Section 5.005, Property Code, is amended to read   as follows:          Sec. 5.005.  ALIENS.   Except as provided by Subchapter H, an   [ An ] alien has the same real and personal property rights as a   United States citizen.          SECTION 4.  Chapter 5, Property Code, is amended by adding   Subchapter H to read as follows:   SUBCHAPTER H. PURCHASE OR ACQUISITION OF REAL PROPERTY BY CERTAIN   FOREIGN INDIVIDUALS OR ENTITIES           Sec. 5.251.  DEFINITIONS. In this subchapter:                 (1)     "Agricultural land" means land that is located in   this state and that is suitable for:                       (A)     use in production of plants and fruits grown   for human or animal consumption, or plants grown for the production   of fibers, floriculture, silviculture, viticulture, horticulture,   or planting seed; or                       (B)     domestic or native farm or ranch animals kept   for use or profit.                 (2)     "Company" means a sole proprietorship,   organization, association, corporation, partnership, joint   venture, limited partnership, limited liability partnership, or   limited liability company, including a wholly owned subsidiary,   majority-owned subsidiary, parent company, or affiliate of those   entities or business associations, that exists to make a profit.                 (3)  "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 at least one of the   three most recent Annual Threat Assessments of the U.S.   Intelligence Community issued pursuant to Section 108B, National   Security Act of 1947 (50 U.S.C. Section 3043b); or                       (B)     a country designated by the governor under   Section 5.254.                 (4)     "Domiciled" means having established a place as an   individual's true, fixed, and permanent home and principal   residence to which the individual intends to return whenever   absent.                 (5)     "Organization"   has the meaning assigned by Section   1.002, Business Organizations Code.                 (6)  "Real property" includes:                       (A)  agricultural land;                       (B)  an improvement located on agricultural land;                       (C)  commercial property;                       (D)  industrial property;                       (E)  groundwater;                       (F)  residential property;                       (G)  a mine or quarry;                       (H)  a mineral in place;                       (I)  standing timber; or                       (J)  water rights.                 (7)     "Transnational criminal organization" means two   or more persons:                       (A)     who are citizens of or domiciled in a   designated country;                       (B)     with an identifiable leadership who operate   internationally; and                       (C)     who continuously or regularly associate to   engage in corruption, violence, or the commission of other criminal   activities.           Sec.   5.252.     EXCEPTIONS: UNITED STATES CITIZENS AND LAWFUL   RESIDENTS; CERTAIN ENTITIES OWNED OR CONTROLLED BY UNITED STATES   CITIZENS OR LAWFUL RESIDENTS; LEASEHOLD. This subchapter does not   apply to:                 (1)     an individual who is a citizen or lawful permanent   resident of the United States;                 ( [Text truncated for display. Full text available on LegiScan.]