Relating to the exercise of eminent domain authority by the Texas Facilities Commission to build a wall along this state's international border.
Impact
If enacted, SB316 would amend the Government Code by adding Section 2166.555, thereby granting the Texas Facilities Commission considerable power concerning property acquisition for border security. This law would formalize the government's ability to use eminent domain specifically for building infrastructure aimed at enhancing border security. The implications of this measure could be significant, as it sets a precedent for government intervention in private property rights under the guise of public necessity.
Summary
Senate Bill 316 (SB316) authorizes the Texas Facilities Commission to exercise eminent domain for the construction of a wall along the state's international border. The primary purpose of this measure is to combat human trafficking and prevent illegal entries into the United States, including those by aliens, terrorists, and contraband. The bill outlines the conditions under which the Commission may acquire property, including acquiring land in fee simple and other interests such as easements.
Contention
Debate surrounding SB316 may center on issues of individual property rights, government overreach, and the efficacy of border walls in addressing the issues of illegal entry and trafficking. Advocates for the bill might argue that heightened security measures are essential for public safety, while critics could assert that the use of eminent domain undermines property rights and may not effectively resolve the challenges it aims to mitigate. As discussions advance, it is likely that various stakeholders—including property owners, legal experts, and community advocates—will weigh in on these contentious points.
Texas Constitutional Statutes Affected
Government Code
Chapter 2166. Building Construction And Acquisition And Disposition Of Real Property
Relating to border security enhancement projects, the creation of a fund to pay for those projects, and a study on certain projects; allocating the earnings on the fund balance and reimbursement of related expenditures; granting the power of eminent domain.
Relating to the creation of the Waller County Municipal Utility District No. 48; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Waller County Municipal Utility District No. 56; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Relating to the creation of the Tabor Ranch Municipal Management District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes; granting a limited power of eminent domain.
Relating to the creation of the Waller County Municipal Utility District No. 52; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.