88S40088 SHH-D
	By: Bell of Montgomery	H.B. No. 59

Statutes affected:
Introduced: ()

	A BILL TO BE ENTITLED
	AN ACT
	relating to verification of citizenship or legal residency for
	purposes of certain contracts for or concerning the purchase of
	residential real property located in platted subdivisions;
	creating a criminal offense.
	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. VERIFICATION AND FILING REQUIREMENTS 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)  "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:
	(1)  an executory contract for conveyance of
	residential real property located in a platted subdivision 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; and
	(2)  a contract in which a potential seller of
	residential real property located in a platted subdivision grants
	an individual an option to purchase the property that includes or is
	combined or executed concurrently with a residential lease
	agreement.
	Sec. 5.303.  SELLER VERIFICATION OF PURCHASER'S CITIZENSHIP
	OR LEGAL RESIDENCY REQUIRED. A seller or potential seller may not
	enter into a contract to which this subchapter applies unless the
	purchaser or potential purchaser presents to the seller or
	potential seller proof of United States citizenship or legal
	residency in the form of:
	(1)  a United States passport;
	(2)  a Certificate of United States Citizenship,
	Certificate of Naturalization, United States Citizen
	Identification Card, or other document denoting United States
	citizenship issued by the federal Department of Homeland Security
	or the United States Department of State including an
	identification photograph;
	(3)  a combination of:
	(A)  a social security number; and
	(B)  photo identification in the form of an
	unexpired driver's license, election identification certificate,
	or personal identification card issued by a state; or
	(4)  a combination of:
	(A)  a passport issued by a foreign country; and
	(B)  a Permanent Resident Card, Temporary
	Resident Card, Employment Authorization Card, or other document
	denoting legal residency issued by the federal Department of
	Homeland Security or the United States Department of State
	including an identification photograph.
	Sec. 5.304.  FILING REQUIREMENTS TO SELL RESIDENTIAL REAL
	PROPERTY. A seller or potential seller who enters into a contract
	to which this subchapter applies shall, not later than the 30th day
	after the date the contract is executed, file for recording with the
	clerk of each county in which property subject to the contract is
	located:
	(1)  an affidavit from the seller or potential seller
	affirming that the purchaser or potential purchaser presented proof
	to the seller or potential seller of the purchaser's or potential
	purchaser's United States citizenship or legal residency status in
	a form listed in Section 5.303; and
	(2)  a copy of the contract.
	Sec. 5.305.  CRIMINAL PENALTY. (a) A person commits an
	offense if the person violates this subchapter.
	(b)  An offense under this section is a Class B misdemeanor,