Texas is poised to enact what its proponents are calling the most robust legislation in the nation aimed at preventing hostile foreign powers from acquiring land within the state’s borders. Spearheaded by Republican State Representative Cole Hefner and State Senator Lois Kolkhorst, Senate Bill 17, or SB17, seeks to block governments and entities associated with countries deemed national security threats, such as China, Iran, North Korea, and Russia, from establishing a significant presence on Texas soil through land ownership.
Representative Hefner, in an interview, characterized SB17 as a model piece of legislation intended to eliminate land purchases that pose a threat to national security. He emphasized that the bill focuses on actions and affiliations, not on race or nationality. According to Hefner, the core principle is that if an entity is acting on behalf of a hostile foreign adversary, the state will take action to reclaim the land.
The impetus for SB17 stems from specific incidents, notably the 2021 case involving a retired Chinese general’s acquisition of over 140,000 acres near Laughlin Air Force Base. Hefner also pointed to attempts by foreign actors to purchase land in proximity to food processing plants. He stated that the more lawmakers investigated, the more vulnerabilities they uncovered.
SB17 would prohibit entities and individuals linked to governments identified as national security threats, based on the U.S. Director of National Intelligence’s annual assessments, from purchasing real estate if such acquisitions pose risks to public health or safety. The bill grants the state’s attorney general the authority to investigate, block, and even reverse land deals through court-ordered receivership.
The legislation defines "real property" broadly, encompassing agricultural, commercial, industrial, and residential land, as well as mines, minerals, and timber. However, SB17 includes exemptions for U.S. citizens, lawful permanent residents, and property intended for use as a personal homestead.
Hefner highlighted the bill’s strength, stating that it can apply to anyone, regardless of their country of origin, if evidence proves they are acting as an agent for a foreign adversary. In such cases, even individuals from friendly nations would be subject to the bill’s provisions. SB17 empowers the attorney general with investigative powers and the authority to appoint receivers to manage or sell properties acquired in violation of the law.
Hefner strongly refuted claims that the bill is xenophobic. He stated that SB17 is not based on skin color or ethnicity but is aimed at protecting Texans and Americans from foreign espionage and influence. He also emphasized that the bill should not be viewed through a partisan lens, asserting that national security and the safety of citizens are non-partisan issues.
SB17 is scheduled to take effect on September 1st. Hefner expressed his hope that the legislation would inspire a nationwide effort to address the issue of foreign land ownership. He called for a national awakening, emphasizing that securing the homeland should take precedence over political considerations.
The bill’s broad definition of "real property" and its focus on actions and affiliations, rather than nationality, are key elements in its approach to preventing hostile foreign powers from gaining a foothold in Texas. The exemptions for U.S. citizens and lawful permanent residents aim to ensure that the bill does not unfairly target individuals with legitimate ties to the country.
The attorney general’s investigative powers and the ability to appoint receivers provide the state with the tools necessary to enforce the law and reverse land deals that pose a threat to national security. The emphasis on national security threats, as defined by the U.S. Director of National Intelligence, aims to ensure that the bill is focused on the most serious risks.
While the bill has received support from Republican lawmakers, its proponents argue that it should be a non-partisan issue. They emphasize that protecting citizens and securing the homeland are responsibilities that transcend political divides.
The passage of SB17 in Texas could have significant implications for other states grappling with similar concerns about foreign land ownership. If the bill proves effective, it could serve as a model for other states seeking to protect their national security interests. The legislation’s focus on actions and affiliations, rather than nationality, could help to avoid claims of discrimination or xenophobia.
The debate over foreign land ownership is likely to continue, as policymakers grapple with the balance between protecting national security and promoting economic growth. SB17 represents one approach to addressing this challenge, and its effectiveness will be closely watched in the coming years.
The law’s potential impact extends beyond national security concerns, touching upon the economic landscape of Texas. The bill’s provisions could influence foreign investment decisions and potentially affect the state’s agricultural and real estate sectors.
As SB17 moves towards implementation, its interpretation and enforcement will be crucial in determining its overall impact. The attorney general’s office will play a pivotal role in shaping the law’s application and ensuring that it is implemented fairly and effectively. Public awareness campaigns and educational resources may be necessary to inform landowners, investors, and other stakeholders about the bill’s provisions and their rights under the law.
Furthermore, the bill’s long-term consequences on international relations and trade agreements warrant consideration. While the primary focus is on national security, policymakers will need to monitor the potential for unintended consequences and ensure that the law does not unduly harm legitimate economic partnerships.
Ultimately, SB17 represents a significant step by Texas lawmakers to address concerns about foreign land ownership and national security. Its effectiveness will depend on careful implementation, ongoing evaluation, and a commitment to balancing national security interests with economic considerations and fundamental rights.
