88S30459 SHH-D
	By: Oliverson	H.B. No. 178

	A BILL TO BE ENTITLED
	AN ACT
	relating to verification of identity and employment authorization
	in connection with certain contracts for or concerning the
	conveyance of residential real property and residential leases.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 5, Property Code, is amended by adding
	Subchapter I to read as follows:
	SUBCHAPTER I. REQUIREMENT TO VERIFY IDENTITY AND EMPLOYMENT
	AUTHORIZATION FOR CERTAIN RESIDENTIAL REAL PROPERTY TRANSACTIONS
	Sec. 5.301.  DEFINITIONS. In this subchapter:
	(1)  "Commercial real property" means real property
	that is held or used for the production of income, including
	industrial real property.
	(2)  "Employment authorization" means a citizenship or
	immigration status that provides the right to work in the United
	States as established for purposes of 8 C.F.R. Section 274a.2.
	(3)  "Residential real property" means real property
	that is improved and is designed principally for residential
	occupancy or vacant land that may be improved for that purpose. The
	term includes an individual unit of a condominium or cooperative.
	The term does not include commercial real property.
	Sec. 5.302.  APPLICABILITY OF SUBCHAPTER. This subchapter
	applies only to a contract for or concerning the conveyance of
	residential real property with respect to which the seller:
	(1)  enters into an executory contract for conveyance
	of the property that allows the purchaser to take immediate
	possession of the property and make periodic payments toward the
	purchase price before the deed is delivered to the purchaser;
	(2)  grants a potential purchaser an option to purchase
	the property that includes or is combined or executed concurrently
	with a residential lease agreement; or
	(3)  provides a mortgage loan to an individual to
	purchase the property.
	Sec. 5.303.  EVIDENCE OF IDENTITY AND EMPLOYMENT
	AUTHORIZATION REQUIRED FOR CERTAIN RESIDENTIAL REAL PROPERTY
	TRANSACTIONS. (a)  A seller may not enter into a contract for or
	concerning the conveyance of residential real property to which
	this subchapter applies unless the seller requires the purchaser or
	potential purchaser to:
	(1)  attest to the purchaser's or potential purchaser's
	employment authorization; and
	(2)  provide to the property owner evidence of the
	purchaser's or potential purchaser's identity and employment
	authorization.
	(b)  A seller shall obtain the attestation required under
	Subsection (a)(1) and record details of the evidence provided under
	Subsection (a)(2) on a form similar to Form I-9 as provided by 8
	C.F.R. Section 274a.2.
	Sec. 5.304.  CONTRACT OR CONVEYANCE VOID IN CASE OF
	VIOLATION.  A contract entered into in violation of Section 5.303
	and any conveyance made under that contract is void.
	SECTION 2.  Subchapter A, Chapter 92, Property Code, is
	amended by adding Section 92.027 to read as follows:
	Sec. 92.027.  EVIDENCE OF IDENTITY AND EMPLOYMENT
	AUTHORIZATION REQUIRED FOR LEASE. (a)  In this section,
	"employment authorization" means a citizenship or immigration
	status that provides the right to work in the United States as
	established for purposes of 8 C.F.R. Section 274a.2.
	(b)  A landlord may not enter into a lease of residential
	rental property unless the landlord requires the tenant to:
	(1)  attest to the tenant's employment authorization;
	and
	(2)  provide to the landlord evidence of the tenant's
	identity and employment authorization.
	(c)  A landlord shall obtain the attestation required under
	Subsection (b)(1) and record details of the evidence provided under
	Subsection (b)(2) on a form similar to Form I-9 as provided by 8
	C.F.R. Section 274a.2.
	(d)  A lease entered into in violation of this section is
	void.
	SECTION 3.  The changes in law made by this Act apply only to
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