SB 17 advances to Texas House after strong Senate approval, targeting foreign land ownership near critical infrastructure to prevent espionage and protect state assets

Austin, Texas – In a significant legislative move, Senator Lois W. Kolkhorst of Brenham has successfully shepherded Senate Bill 17 through the Senate with broad bipartisan support. This new legislation, known as The Adversarial Land Ownership Act, seeks to address and mitigate the risks associated with foreign ownership of Texas land and resources, emphasizing national security concerns.

The act specifically targets entities and individuals from countries deemed adversarial in the most recent Annual Threat Assessment report by the Director of National Intelligence. Currently, this list includes Russia, North Korea, Iran, and China. The legislation bars these foreign governmental entities, companies, and individuals from purchasing private property in Texas.

This restriction aims to prevent these adversarial nations from gaining control over critical Texas resources such as agricultural land, commercial properties, water rights, and natural resources including rare earth materials and oil and gas.

“As passed, SB 17 is the most comprehensive prohibition on adversarial control of land and natural resources in the US. This legislation will ensure that hostile nations do not control Texas’ most precious assets. This is a matter of national security. Texas must act now to protect our land, food sources, water, and natural resources,” said Senator Kolkhorst.

The bill passed the Senate with a decisive 24-7 vote and is currently under consideration in the House. It builds on the legislative efforts of SB 147 from the previous session, which passed the Senate but did not clear the Texas House. Learning from past legislative hurdles, Kolkhorst and her team have restructured the bill to be more constitutionally robust, addressing potential legal challenges head-on.

During a detailed evening debate, Kolkhorst explained the refined nature of the legislation: “This legislation is different, better, and more constitutionally sound and predicated on national security issues. In the interim, I asked my staff to work with the best legal minds to craft a constitutionally sound but strict bill to protect Texas. We must act now to protect our land, food supply, water, and natural resources.”

The bill also includes provisions for those fleeing oppressive regimes, ensuring they can find refuge and establish a new home in Texas without hindrance. This aspect underscores the balanced approach of the bill, which aims to protect against security threats without compromising humanitarian considerations.

“It is common sense and good state policy to prohibit our foreign adversaries from purchasing Texas land,” said Lieutenant Governor Dan Patrick after the bill passed. “Preventing private property from being sold to entities from adversarial nations is a basic tenet of national security. Many Texans have been increasingly concerned by this growing practice over the last few years. I thank Sen. Kolkhorst for her continued leadership on this essential state and national security issue.”

The enforcement of the legislation, once it potentially passes the House, will be overseen by the Attorney General’s office. The Attorney General will have the authority to investigate potential violations and initiate divestment proceedings against entities prohibited under the act.

This legislative action was partly spurred by public concern after a Chinese company, linked to the Chinese Communist Party, acquired a substantial tract of land near a critical military installation, prompting fears over potential espionage or sabotage. The passage of SB 17 aims to curtail such future acquisitions and reinforce the security of Texas’s vital resources and infrastructure.