Texas House Bill HB209

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

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.

Impact

If enacted, HB 209 will significantly alter how Texas addresses border security, allocating state resources towards construction and infrastructure improvements to combat various issues related to immigration and safety. The bill also grants the Texas Department of Public Safety the authority to exercise eminent domain to acquire land necessary for these projects, highlighting a shift in regulatory power. This has raised concerns among some lawmakers and community advocates regarding property rights and the potential impact on local communities.

Summary

House Bill 209 aims to enhance border security through the establishment of a border security enhancement fund in Texas. The bill outlines that the fund will be used for prohibiting human trafficking and illegal entries, as well as planning and constructing necessary infrastructure along the state's international border. Notably, the bill includes a mandate for the construction of a border wall, referred to as the 'President Donald J. Trump Wall', aligning with federal specifications. The financing for these initiatives will derive from legislative appropriations, grants, and other donations, which the Department of Public Safety will manage.

Sentiment

The sentiment surrounding HB 209 is largely divided along party lines. Supporters argue that the bill's provisions are necessary for ensuring state safety and managing border concerns, suggesting that it would safeguard Texans against human trafficking and illegal immigration. Conversely, opponents voice concerns regarding the implications of using eminent domain, the potential erosion of property rights, and the use of state funds to fulfill federal border strategies. The discussion mirrors broader national debates on immigration policy and state versus federal responsibilities.

Contention

The most notable points of contention include the emphasis on the construction of a border wall and the use of eminent domain by the Texas Department of Public Safety. Critics argue that the bill lacks adequate checks to protect landowners and local communities from government overreach. Furthermore, the specificity of naming the wall after a former president has prompted emotional responses from various stakeholders, thereby intensifying the debate around national security versus local rights in border governance.

Texas Constitutional Statutes Affected

Government Code

• Chapter 411. Department Of Public Safety Of The State Of Texas
  • Section: New Section

Agriculture Code

• Chapter 12. Powers And Duties
  • Section: New Section

Property Code

• Chapter 21. Eminent Domain
  • Section: New Section