Texas Senate Bill SB16

Texas 2023 - 88th 1st C.S.

• Filed: 5/30/23

Caption

Relating to the exercise of eminent domain authority by the Texas Facilities Commission to build a wall along this state's international border.

Impact

The introduction of SB16 has significant implications for state law regarding eminent domain. By explicitly allowing the Texas Facilities Commission to use this power to build a wall, the bill modifies how eminent domain can be exercised in Texas, especially concerning projects tied to national security. Furthermore, it sets a precedent for utilizing eminent domain for infrastructure projects that are linked to broader public safety concerns, potentially influencing future legislation on public works and security measures.

Summary

SB16 relates to the exercise of eminent domain authority by the Texas Facilities Commission specifically for constructing a wall along the state's international border. The bill seeks to empower the commission to acquire real property through eminent domain, which includes not only purchasing land outright but also acquiring specific easements or rights of way. Its intent is primarily to bolster border security by preventing human trafficking and illegal entry, which the bill aims to achieve by providing the necessary legal framework for the commission to act swiftly in securing properties needed for the wall's construction.

Sentiment

The sentiment around SB16 appears to be polarized. Supporters, including various legislators and advocacy groups focused on security, argue that the bill is essential for protecting the state from threats associated with human trafficking and illegal immigration. They perceive the bill as a necessary tool for enhancing border security and safeguarding public safety. Conversely, opponents raise concerns about the implications of expanding eminent domain powers, fearing that this could lead to unwarranted seizures of private properties and infringe on individual property rights, thereby generating backlash from landowners and civil liberties advocates.

Contention

A notable point of contention is the balance between public safety and property rights. Critics of SB16 emphasize the risks associated with granting broad powers of eminent domain for the construction of a wall. They argue that the bill may lead to abuse of power wherein land needed for personal use could be taken under the guise of public necessity without adequate justification. Furthermore, there are concerns about whether such a project aligns with the public interest, as not all residents may support the construction of a wall, thus highlighting the need for careful consideration of community impacts before advancing this legislation.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2166. Building Construction And Acquisition And Disposition Of Real Property
  • Section: New Section

Property Code

• Chapter 21. Eminent Domain
  • Section: New Section