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On Wednesday, the Texas Senate passed a bill that imposes restrictions on the sale of Texas farmland to citizens and entities linked with China and several other nations. The bill now awaits final approval.
Senate Bill 147, sent to the Texas House on a 19-12 vote, restricts purchases of agricultural land, timberland and oil and gas rights by entities associated with any country that “poses a risk to the national security of the United States” — as designated by three consecutive annual threat assessment analyses by the Office of the Director of National Intelligence.
If there is a “reasonable suspicion” that the buyer has an association with any of the designated countries, the legislation permits the Texas attorney general’s office to investigate possible violations and submit cases to courts for divestment proceedings.
The bill passed Wednesday was a significantly watered-down version of an earlier proposal that sought an outright ban on land sales to dual citizens and businesses associated with China, Iran, North Korea and Russia. SB 147 was softened after months of outcry from Asian American groups and others who said it would make it impossible for dual citizens and other immigrants to buy homes or start businesses.
Sen. John Whitmire, D-Houston, thanked Sen. Lois Kolkhorst, R-Brenham, for narrowing her bill but said he could not support an effort that has encouraged racists and jeopardized the safety of Asians in Texas.
Whitmire expressed concern that the mere rhetoric associated with this legislation is endangering them, exposing them to racism and bias. As we speak, they are being singled out and targeted.
He expressed his strong belief that it is not acceptable to target specific ethnic groups and communities. Furthermore, he mentioned that if given the opportunity, he would extensively discuss and oppose the bill through a filibuster.
Kolkhorst stated that her bill was a calculated reaction to a legitimate security concern that other states have also taken steps to tackle.
She emphasized that Senate Bill 147 is solely focused on upholding a robust Texas and does not target individuals based on their origin.
Before the bill’s initial vote in the Senate on Tuesday, Kolkhorst proposed multiple amendments addressing the mentioned concerns and safeguarding national security. These amendments include revised wording that confines the limitations to certain categories of land and solely applies to purchases, not leases.
“After approximately two hours of debate, Kolkhorst emphasized that this measure guarantees the enhancement of our food security, energy security, and national security. Individuals are welcome to establish their own companies and run restaurants as they please.”
On Wednesday, Asian Americans expressed their disappointment over the approval of the bill, fearing that it could exacerbate the already surging anti-Asian sentiment witnessed in recent years. Similar to previous versions of the legislation, they argued that it unjustly linked American citizens with their ancestral countries and the governments they may have escaped.
“National security is a serious issue, but if we are concerned about the actions of foreign governments, then legislation should only affect foreign governments and their agents,” said Rep. Gene Wu, a Houston Democrat who immigrated to the United States from China as a child and has been outspoken against SB 147. “Labeling every person from a nation as an agent of that government is not only unjust, but is also counterintuitive given the number of asylum seekers and refugees that our nation welcomes from those same countries.”
The bill’s passage has left the civic group United Chinese Americans deeply disappointed, as stated in their official statement.
The group emphasized that any form of discrimination, no matter how minor, is still discrimination. They asserted that the Asian American community will come together and stand united to demand equal protection and fair treatment.
SB 147, according to Kolkhorst, is an extension of the previously passed legislation in 2021. This earlier legislation was unanimously approved by state lawmakers and prohibited Texas businesses and government officials from engaging in infrastructure agreements with entities from four specific countries. The motivation behind this legislation stemmed from the purchase of approximately 140,000 acres for a wind farm in Del Rio, a town near Laughlin Air Force Base, by a real estate tycoon based in Xinjiang.
Less than 1% of foreign-held acreage in the United States is owned by Chinese investors, as stated by the U.S. Department of Agriculture. The combined ownership of investors from Russia, Iran, and North Korea amounts to less than 3,000 acres.
Tuesday’s amendments marked the second time Kolkhorst has softened the bill’s language. In March, she clarified that the proposal would not apply to dual citizens or houses that were homesteaded and accepted substitute language that would have required potential homebuyers to disclose their affiliations with such countries within 10 days of initiating purchase agreements.
Despite the abandonment of the aforementioned modifications, critics remain unconvinced that the concerns they raised will be addressed. Their main contention is that the proposed changes would lead to heightened discrimination as it would unjustly link all Asian Americans, a rapidly expanding demographic in the state, with the Chinese government. Furthermore, they argue that the bill’s stricter regulations may dissuade homeowners from engaging with potential Asian American buyers due to fears that their association with China would subject the sale to legal scrutiny.
Despite the objections, earlier versions of Kolkhorst’s bill drew support from top Texas GOP figures, including Agriculture Commissioner Sid Miller and Gov. Greg Abbott, who said he would sign the bill.
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