A “foreign person” includes nonresident alien individuals and foreign entities. U.S. citizens, persons with green cards, or persons who meet the substantial presence test for the calendar year are not foreign persons. To meet the substantial presence test, a person must be physically present in the United States on at least: (1) 31 days during the calendar year, and … (2) 183 days during the current year and preceding 2 years, counting all the days of physical presence in the current year, but only 1/3 the number of days of presence in the first preceding year, and only 1/6 the number of days in the second preceding year.

Generally yes, however beginning on September 1, 2025, a new law will go into effect that restricts real property acquisition by individuals or entities from countries posing national security risks (such as China, Russia, Iran, or North Korea), identified by the federal government or the Governor. Individuals or entities from these countries will not be allowed to purchase rental property in Texas under the new law. However, there is an exemption that applies to US citizens and lawful permanent residents, so an individual with dual citizenship or who is a permanent resident from an identified country will be able to purchase rental property in Texas.