RMWBH Law – A Full Service Law FirmRMWBH Law – A Full Service Law FirmRMWBH Law – A Full Service Law FirmRMWBH Law – A Full Service Law Firm
  • HOME
  • OUR FIRM
    • MISSION, VISION AND VALUES
    • BOARD CERTIFIED ATTORNEYS
    • LOCATIONS
  • ATTORNEYS
  • PRACTICE AREAS
    • COMMUNITY ASSOCIATION LAW
    • CONSTRUCTION LAW
    • CORPORATE, SECURITIES, AND BUSINESS LAW
    • CYBER RISK
    • LABOR AND EMPLOYMENT
    • LITIGATION
      • APPELLATE
      • ARBITRATION
      • COMMERCIAL LITIGATION
      • INSURANCE DEFENSE
      • FIDUCIARY LITIGATION
      • PROFESSIONAL LIABILITY
    • REAL ESTATE PRACTICE
      • LAND USE
      • REAL ESTATE DEVELOPMENT
      • REAL ESTATE FINANCING
      • REAL ESTATE TRANSACTION
  • PUBLICATIONS
    • BLOG
      • CORPORATE LAW BLOG
      • PROPERTY OWNERS ASSOCIATION BLOG
      • REAL ESTATE BLOG
    • COMMUNITY ASSOCIATION NEWSLETTER
    • IN THE NEWS
    • WEBINARS
    • SINGLE-FAMILY PROPERTY CODE BOOK
    • CONDOMINIUM PROPERTY CODE BOOK
  • EDUCATION
  • CAREERS
  • CONTACT US
  • MAKE A PAYMENT
NextPrevious

SB 17 Reshapes Foreign Investment in Texas

By Drew Senulis | Commercial Real Estate | Comments are Closed | 8 August, 2025 | 0

Lawmakers in Austin have reshaped Texas real estate investment for the foreseeable future. The 89th Texas Legislative Session brought the passage of SB 17, which restricts the sale of real property to individuals and entities from certain countries. Currently, the list of countries includes China, Iran, North Korea and Russia. However, the Governor can expand the list of countries at any time. What does this mean for investors long-term and ultimately, who is affected?

Who Does SB 17 Affect?

SB 17 impacts individual citizens of the above designated countries who do not have permanent residency in the United States. This includes those who maintain permanent residency overseas, are in the United States unlawfully, or are agents of the government or ruling parties.

SB 17 also impacts entities that are headquartered in or controlled by the government of the above listed countries, majority-owned by the individuals listed above, or designated by the governor as a threat to national security.

What Does SB 17 Define as Real Property?

Real property is broken down in SB 17 to include agricultural land; an improvement located on agricultural land; commercial property; industrial property; groundwater; residential property; a mine or quarry; a mineral in place; standing timber; or water rights.

Are There Exemptions to SB 17?

Yes, SB 17 contains several exemptions for the purchase of real property. The list of exemptions includes:

  • S. citizens and lawful permanent residents
    • Including permanent residents from the countries that are listed in SB 17 and any added to the list by the Governor
  • Entities owned and controlled by U.S. citizens or lawful permanent residents

SB 17 does allow individuals who would be banned from owning real property to enter into a residential lease agreement of 12 months or less. SB 17 also allows citizens of the designated countries who are lawfully in the United States to purchase a residential homestead for the intent of using the home as their resident homestead.

When Does SB 17 Go into Effect?

SB 17 goes into effect on September 1, 2025. Real property and real property interests purchased or acquired before the effective date are exempt from the enforcement and divestiture procedures outlined by SB 17.

What Does This Mean for Future Foreign Investments in Real Property?

It remains to be seen how SB 17 will be enforced. SB 17 gives the Attorney General the authority to develop the procedures for investigating the purchase or acquisition of interest in real property and ultimately take the case to a district court, which could order the divesture of the property or interest in the property. Violations could also result in criminal and civil penalties.

Individuals and U.S. based entities and entities based in countries not on the SB 17 designated list will need to be cautious about who they bring on as investors moving forward. While there is no onus on seller or lessor to verify compliance with the law, if the Attorney General initiates an investigation, the transaction or project could be held up for an extended period of time. It also remains to be seen whether intentional violations of this act by entities otherwise exempt will result in civil penalties to the entity.

Texas remains central to foreign investors. Texas ranks third in residential and second in commercial real estate investment by foreign investors. Going forward, individuals and entities looking to foreign investment in real property, in Texas, will need to work closely with their legal counsel to ensure their investment is protected from potential delays or divesture. This may include adding indemnification clauses to any investment agreement for any foreign investor because it is likely the list of designated countries will expand in the years ahead.

The long-term impacts of SB 17 on foreign investment will not be known for some time, but SB 17 adds further challenges to an already challenging real estate market.

commercial real estate, drew senulis, real property, sb 17, texas foreign investment, texas law

Drew Senulis

Drew Senulis is a Shareholder in RMWBH’s Real Estate Practice based out of the firm’s San Antonio Office. Drew primarily partners with our commercial real estate and business clients in navigating the legal landscape of real estate transactions, financing, mergers, acquisitions, and dispositions, as well as new and existing real estate developments.

More posts by Drew Senulis

Related Posts

  • Future Land Development Faces More Water Issues

    By Marc Markel | Comments are Closed

    In a summer filled with heart wrenching floods and rising lake levels across large swaths of Texas, the idea of a water shortage seems far-fetched. The reality is many cities in Texas are forced toRead more

  • 2025 Texas Legislative Session Recap – Real Estate

    By Jane Janecek | Comments are Closed

    After 140 days of debate, the 89th Texas Legislative Session has come to a conclusion. The following list of bills highlights important new laws affecting the real estate industry that will go into effect laterRead more

  • CTA Deadlines Are Back On

    By Justin Markel | Comments are Closed

    The state of the law on the Corporate Transparency Act (CTA) has changed once again. Specifically, the prior nationwide injunction issued in Smith v. U.S. Department of Treasury was stayed. This means that the FinancialRead more

  • RMWBH Announces New Roles for Five Attorneys

    By RMWBH Team | Comments are Closed

    RMWBH is proud to announce five deserving attorneys have been named to new roles within the firm. Jane Janecek and Drew Senulis of our Real Estate team have been named Equity Shareholders. Elissa Ballew, CyraRead more

  • Appellate Court Stays Nationwide Injunction on Enforcement of the Corporate Transparency Act; FinCEN Extends Filing Deadlines

    By Justin Markel | Comments are Closed

    On December 23, 2024, in Texas Top Cop Shop, Inc., et al., v. Merrick Garland, Attorney General of the United States, et al., the U.S. Court of Appeals for the Fifth Circuit stayed the nationwideRead more

NextPrevious

Subscribe to Our Email Updates

Recent Posts

  • Is This the Right Price for POA Vendor Contracts?
  • The Art of Being a POA Board Member
  • Fannie Mae & Freddie Mac’s New Regulations Require Condos to Raise Assessments
  • The Basics of the ACC
  • POA Law 101: The Texas Property Code Chapters That Community Managers and Board Members Need to Know
Copyright 2026 RMWBH PC | All Rights Reserved | Terms & Conditions | Privacy Statement
  • HOME
  • OUR FIRM
    • MISSION, VISION AND VALUES
    • BOARD CERTIFIED ATTORNEYS
    • LOCATIONS
  • ATTORNEYS
  • PRACTICE AREAS
    • COMMUNITY ASSOCIATION LAW
    • CONSTRUCTION LAW
    • CORPORATE, SECURITIES, AND BUSINESS LAW
    • CYBER RISK
    • LABOR AND EMPLOYMENT
    • LITIGATION
      • APPELLATE
      • ARBITRATION
      • COMMERCIAL LITIGATION
      • INSURANCE DEFENSE
      • FIDUCIARY LITIGATION
      • PROFESSIONAL LIABILITY
    • REAL ESTATE PRACTICE
      • LAND USE
      • REAL ESTATE DEVELOPMENT
      • REAL ESTATE FINANCING
      • REAL ESTATE TRANSACTION
  • PUBLICATIONS
    • BLOG
      • CORPORATE LAW BLOG
      • PROPERTY OWNERS ASSOCIATION BLOG
      • REAL ESTATE BLOG
    • COMMUNITY ASSOCIATION NEWSLETTER
    • IN THE NEWS
    • WEBINARS
    • SINGLE-FAMILY PROPERTY CODE BOOK
    • CONDOMINIUM PROPERTY CODE BOOK
  • EDUCATION
  • CAREERS
  • CONTACT US
  • MAKE A PAYMENT
RMWBH Law – A Full Service Law Firm
XWe use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL the cookies.
Do not sell my personal information | Read More
DECLINEACCEPTCookie settings
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
Save & Accept
Powered by CookieYes Logo