Campbell’s Foreign Farmland Ban Stops At Five Acres

The text as introduced · 428 words

By: Campbell
S.B. No. 1063

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting contracts or other agreements with

foreign-owned companies in connection with agricultural land.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 113, Business & Commerce Code, as added

by Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular

Session, 2021, is amended to read as follows:

CHAPTER 113. PROHIBITION ON AGREEMENTS WITH CERTAIN FOREIGN-OWNED

COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE AND

AGRICULTURAL LAND

Sec. 113.001. DEFINITIONS. In this chapter:

(1) "Agricultural land" means land that qualifies for

tax appraisal under Subchapter C or D, Chapter 23, Tax Code; and

(A) consists of no more than five (5) acres of

noncontiguous land.

(1-a) "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.

(2) "Critical infrastructure" means a communication

infrastructure system, cybersecurity system, electric grid,

hazardous waste treatment system, or water treatment facility.

(3) "Cybersecurity" means the measures taken to

protect a computer, computer network, computer system, or other

technology infrastructure against unauthorized use or access.

Sec. 113.002. PROHIBITED ACCESS TO CRITICAL INFRASTRUCTURE

AND AGRICULTURAL LAND. (a) A business entity or individual may not

enter into an agreement relating to agricultural land in this state

with individuals who are foreign citizens.

(b) A business entity may not enter into an agreement

relating to critical infrastructure or agricultural land in this

state with a company:

(1) if, under the agreement, the company would be

granted direct or remote access to or control of critical

infrastructure or agricultural land in this state, excluding access

specifically allowed by the business entity for product warranty

and support purposes; and

(2) if the business entity knows that the company is:

(A) owned by or the majority of stock or other

ownership interest of the company is held or controlled by:

(i) individuals who are citizens of a

foreign country; or

(ii) a company or other entity, including a

governmental entity, that is owned or controlled by citizens of or

is directly controlled by foreign governments.

(B) headquartered in foreign governments.

(b) The prohibition described by Subsection (a) applies

regardless of whether:

(1) the company's or its parent company's securities

are publicly traded; or

(2) the company or its parent company is listed on a

public stock exchange as a foreign country.

SECTION 2. This Act takes effect September 1, 2025.