Citizenship Check Bill Accepts Social Security Number Plus State ID

The text as introduced · 690 words

89R1218 PRL-D

By: Bell of Montgomery
H.B. No. 733

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,

except that if it is shown on the trial of the offense that the

defendant has previously been:

(1) finally convicted of an offense under this

section, the offense is a Class A misdemeanor; or

(2) finally convicted two or more times of an offense

under this section, the offense is a state jail felony.

SECTION 2. The changes in law made by this Act apply only to

a contract entered into on or after the effective date of this Act.

A contract entered into 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 3. This Act takes effect September 1, 2025.