Texas · Property Code §§5.251–5.259 (S.B. 17)Texas SB 17: the foreign ownership restriction on Texas real estate
Senate Bill 17 added subchapter H to chapter 5 of the Texas Property Code, effective September 1, 2025. It prohibits certain buyers from purchasing or otherwise acquiring an interest in Texas real property – residential, commercial, industrial and agricultural land, groundwater, minerals, timber and water rights. A 'designated country' is one the U.S. Director of National Intelligence identified as a national security risk in at least one of the three most recent Annual Threat Assessments, or one the governor designates. Covered are: a government of a designated country; companies headquartered in, controlled by, or majority-owned by such governments or covered individuals (or designated by the governor) and their majority-owned companies; and individuals who are domiciled in a designated country, citizens of a designated country living in a third country where they are not naturalized, citizens of a designated country unlawfully present in the U.S., agents of a designated country, or members of its ruling party. The law does not apply to U.S. citizens and lawful permanent residents, to companies owned or controlled by them with no covered individual involved, or to leases under one year – and an individual domiciled in a designated country who is lawfully present and residing in the U.S. may buy a home to use as a residence homestead. A covered purchase is not void (except a leasehold), but the attorney general can sue to force a sale through a receiver; knowingly buying is a state jail felony for an individual, and a company faces a civil penalty of the greater of $250,000 or 50% of the property's market value.
Who may not acquire (§5.253)
Governments
A governmental entity of a designated country.
Companies
Headquartered in, or controlled by the government of, a designated country; majority-owned by covered individuals; designated by the governor – and companies they majority-own.
Individuals
Domiciled in a designated country; its citizens living in a third country without naturalizing there; its citizens unlawfully present in the U.S.; its agents; members of its ruling party.
Not covered (§§5.252–5.253)
- U.S. citizens and lawful permanent residents.
- Companies owned or controlled by U.S. citizens or permanent residents, with no covered individual.
- Leases shorter than one year.
- A lawfully present U.S. resident domiciled in a designated country buying a residence homestead.
Enforcement
Not void
A covered purchase stays valid (except a leasehold) – the deed and contract are not undone.
Divestiture
The attorney general can bring an in rem action; the court orders a sale through a receiver.
Penalties
Individuals: state jail felony if intentional or knowing. Companies: the greater of $250,000 or 50% of market value.
What the TC should keep in mind
- Fair housing law prohibits discrimination based on national origin – don't screen or steer buyers.
- Questions about whether a buyer is covered go to the title company or a Texas attorney.
- The list of designated countries depends on federal threat assessments and the governor – it can change.
Questions buyers and agents ask
Can a green card holder buy a house in Texas under SB 17?
Yes. The law does not apply to U.S. citizens or lawful permanent residents (Tex. Prop. Code §5.252).
Can someone on a visa from a designated country buy a home in Texas?
An individual domiciled in a designated country who is lawfully present and residing in the U.S. may buy a residential property intended as their residence homestead (§5.253(4)(A)); other purchases are restricted.
Is a sale void if the buyer was covered by SB 17?
No – except for a leasehold, the purchase is not void, but the attorney general can force a sale through a receiver and penalties can apply (§§5.255, 5.257–5.259).
Related guides
Keep the attorney's or title company's written answer on the deal in ClosingCode as a note – everyone in your office who opens the deal sees the same decision.
Start free trialSource: Texas Property Code §§5.251–5.259, added by S.B. 17 (89th Leg., R.S., ch. 956), eff. September 1, 2025 (statutes.capitol.texas.gov, read October 26, 2026).
General information, not legal advice. Whether a buyer is covered is a legal question for an attorney or the title company. ClosingCode is software; it is not a law firm and is not a substitute for the advice or services of an attorney. This guide is not a substitute for the advice or services of an attorney.