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WHEREAS, the right to secure land and property leads to increased security, economic prosperity, and independence for American citizens, and

WHEREAS, our nation’s land and its resources should never be sold or leased to foreign entities from countries that pose a national security threat to the United States, as outlined in the Texas Is Not for Sale Legislative Priority; and

WHEREAS, delegates to the 2024 Republican Party of Texas Convention adopted the Texas Is Not for Sale Legislative Priority for the 89th Texas Legislative Session:

“Banning the sale of real property in Texas, and discontinuing taxpayer funding and incentives, to governments, entities, and proxies of China, Iran, North Korea, and Russia, and to individuals from these nations who are not legal permanent residents or citizens of the United States”; and

WHEREAS, the Republican Party of Texas 2024 Platform Plank 201 states:

“No Part of Texas to be Owned by Foreign Interests:

a) The State of Texas shall prohibit the sale of all real estate interests within its borders to all except American citizens (defined by current statute) or United States owned and operated corporations. The sole exception to this rule is that a lawful immigrant may own one single family residential property and/or small business.

b) All land in Texas that is currently owned by foreign individuals, corporations, or interests with ties to such, will be required to sell their property and vacate immediately. Land that is within 50 miles of a military base, and owned by interests related to all foreign governments, or any other foreign state considered hostile to the United States, will be seized immediately under Eminent Domain. Our security is not for sale.

c) Farmland in active agriculture service cannot be purchased and allowed to become inactive. The current trend of the rich to purchase land for the purpose of decommissioning it to restrict the amount of food available to the public must be stopped. The penalty for this type of treason shall include the loss of the property”; and

WHEREAS, SB 17, by Senator Lois Kolkhorst, and HB 17, by Representative Cole Hefner, seek to restrict land ownership in Texas by individuals or entities from countries designated as national security threats, specifically China, Russia, Iran, and North Korea, as identified by the Director of National Intelligence’s Annual Threat Assessment; and

WHEREAS, the Republican Party of Texas appreciates Senator Kolkhorst’s and Representative Hefner’s leadership on this important issue and acknowledges both bills’ intent to protect the security and sovereignty of Texas from foreign adversaries; and

WHEREAS, the Republican Party of Texas has identified several critical loopholes in both SB 17 and HB 17 that could allow foreign nationals to bypass restrictions, and undermine the bills’ effectiveness and the security goals of the Texas Is Not for Sale Priority; now

THEREFORE, BE IT RESOLVED that the Republican Party of Texas acknowledges the important work done by Senator Kolkhorst and Representative Hefner in crafting SB 17 and HB 17, respectively, but expresses concern that the current versions of the bills fail to adequately address critical loopholes that would allow foreign adversarial entities to circumvent the law and continue to acquire or control land in Texas; and

BE IT FURTHER RESOLVED that the Republican Party of Texas cannot support SB 17 or HB 17 until the following amendments are made to close the identified loopholes in either or both bills:

• • Citizenship, Not Domicile: The bill should focus on the citizenship of individuals, rather than their domiciles, to prevent foreign nationals from bypassing the restrictions by manipulating domicile definitions.
  • Elimination of Leasing and Investment Exemptions: The bill must prohibit all forms of foreign leasing and investment in Texas land, closing the loophole that allows adversarial entities to indirectly control strategic land.
  • Remove Homestead Exemption: The bill must ensure that residential homesteads are also subject to restrictions, preventing foreign entities from acquiring multiple properties under the guise of personal use.
  • Enhanced Enforcement Mechanisms: The bill should include stronger enforcement mechanisms, with dedicated resources for monitoring and investigating complex ownership structures, including shell companies and trusts.
  • Retroactive Application: The bills must apply retroactively to existing foreign-owned land, ensuring that no adversarial entity can retain ownership of land that poses a national security risk.
  • Seller and Third-Party Accountability: The bills should include provisions that impose penalties on sellers, brokers, and title companies that facilitate prohibited land transactions, including criminal penalties for violations.
  • Penalty Gaps and Deterrence Weakness: The bills should mandate divestiture in all cases or escalate penalties for repeat offenders; and

BE IT FURTHER RESOLVED that the Republican Party of Texas looks forward to working closely with Republican members of the Texas Senate and House and other stakeholders to amend and strengthen SB 17 and HB 17 to ensure that Texas land remains secure from foreign adversarial interests; and

BE IT FURTHER RESOLVED that the Republican Party of Texas will continue to advocate for the passage of comprehensive legislation that fully protects Texas land from foreign ownership and ensures the safety and sovereignty of the state and its citizens.