By: Kolkhorst, et al. S.B. No. 147     A BILL TO BE ENTITLED   AN ACT   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   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 2.  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 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)  "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, viticulture, horticulture, or planting   seed; or                      (B)  domestic or native farm or ranch animals kept   for use or profit.                (2)  "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.                (3)  "Designated country" means 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   each 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).                (4)  "Governing authority," "governing person," and   "organization" have the meanings assigned by Section 1.002,   Business Organizations Code.                (5)  "Real property" means:                      (A)  agricultural land;                      (B)  an improvement located on agricultural land;                      (C)  a mine or quarry;                      (D)  a mineral in place; or                      (E)  standing timber.          Sec. 5.252.  EXCEPTIONS: UNITED STATES CITIZENS AND LAWFUL   PERMANENT RESIDENTS; RESIDENCE HOMESTEAD PROPERTY. (a) This   subchapter does not apply to:                (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)  a company or other entity 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   an individual's residence homestead, as defined by Section   11.13(j), Tax Code.          (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)  a company or other entity that is:                       (A)  headquartered in a designated country;                      (B)  directly or indirectly under the control of   the government of a designated country; or                      (C)  owned by or under the control of one or more   individuals who are citizens of a designated country;                (3)  a company or other entity that is owned by or under   the control of a company or entity described by Subdivision (2); or                (4)  an individual who is a citizen of a designated   country.          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   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   general:                (1)  serve interrogatories on an individual or entity   as necessary to determine the ownership or control of a company or   other 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 a company   or other 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 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 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   property.          (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   by this Act.          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   that purpose.          SECTION 6.  This Act takes effect September 1, 2023.