| 1 | 1 | | 88R10057 DRS-D |
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| 2 | 2 | | By: Springer S.B. No. 1441 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of the attorney general to acquire by |
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| 8 | 8 | | eminent domain certain real property owned by aliens or foreign |
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| 9 | 9 | | entities. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Title 4, Property Code, is amended by adding |
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| 12 | 12 | | Chapter 21A to read as follows: |
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| 13 | 13 | | CHAPTER 21A. ACQUISITION BY EMINENT DOMAIN OF CERTAIN |
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| 14 | 14 | | FOREIGN-OWNED REAL PROPERTY |
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| 15 | 15 | | Sec. 21A.001. DEFINITIONS. In this chapter: |
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| 16 | 16 | | (1) "Alien" means a citizen of a country other than the |
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| 17 | 17 | | United States. |
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| 18 | 18 | | (2) "Critical infrastructure" means infrastructure in |
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| 19 | 19 | | one of the following categories: |
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| 20 | 20 | | (A) chemical; |
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| 21 | 21 | | (B) commercial facilities; |
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| 22 | 22 | | (C) communications; |
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| 23 | 23 | | (D) critical manufacturing; |
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| 24 | 24 | | (E) dams; |
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| 25 | 25 | | (F) defense industrial bases; |
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| 26 | 26 | | (G) emergency services; |
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| 27 | 27 | | (H) energy; |
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| 28 | 28 | | (I) financial services; |
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| 29 | 29 | | (J) food and agriculture; |
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| 30 | 30 | | (K) government facilities; |
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| 31 | 31 | | (L) health care and public health; |
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| 32 | 32 | | (M) information technology; |
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| 33 | 33 | | (N) nuclear reactors, materials, and waste; |
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| 34 | 34 | | (O) transportation systems; or |
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| 35 | 35 | | (P) water and wastewater systems. |
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| 36 | 36 | | (3) "Foreign" means created or organized in a country |
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| 37 | 37 | | other than the United States or under the law of a country other |
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| 38 | 38 | | than the United States. |
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| 39 | 39 | | Sec. 21A.002. APPLICABILITY. This chapter applies to real |
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| 40 | 40 | | property in this state that is owned by an alien, foreign business, |
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| 41 | 41 | | or foreign government, or an agent, trustee, or fiduciary of an |
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| 42 | 42 | | alien, foreign business, or foreign government. |
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| 43 | 43 | | Sec. 21A.003. EMINENT DOMAIN; COURT PROCEEDING. (a) The |
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| 44 | 44 | | attorney general may bring an action to obtain a court order under |
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| 45 | 45 | | Subsection (c) authorizing the attorney general to initiate an |
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| 46 | 46 | | eminent domain proceeding to acquire real property owned by an |
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| 47 | 47 | | alien or foreign entity as described by Section 21A.002 if the |
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| 48 | 48 | | attorney general has reason to believe and shows that the real |
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| 49 | 49 | | property is being used in a manner that: |
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| 50 | 50 | | (1) violates state or federal law; or |
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| 51 | 51 | | (2) creates a risk to the state's critical |
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| 52 | 52 | | infrastructure. |
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| 53 | 53 | | (b) An action under this section may be brought in a |
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| 54 | 54 | | district court in the county where all or part of the real property |
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| 55 | 55 | | that is the subject of the action is located. |
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| 56 | 56 | | (c) If the district court finds that the attorney general |
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| 57 | 57 | | has made the showing required by Subsection (a), the court shall |
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| 58 | 58 | | enter an order stating that finding. |
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| 59 | 59 | | (d) On entry of the district court's order under Subsection |
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| 60 | 60 | | (c), the attorney general may initiate eminent domain proceedings |
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| 61 | 61 | | to acquire the real property. |
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| 62 | 62 | | (e) Chapter 21 governs the procedure for an eminent domain |
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| 63 | 63 | | proceeding initiated in accordance with this chapter. Chapter 2206, |
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| 64 | 64 | | Government Code, and Subchapter E, Chapter 21, of this code do not |
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| 65 | 65 | | apply to an eminent domain proceeding initiated in accordance with |
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| 66 | 66 | | this chapter. |
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| 67 | 67 | | Sec. 21A.004. STATE MANAGEMENT OF ACQUIRED REAL PROPERTY. |
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| 68 | 68 | | Real property acquired by eminent domain under Section 21A.003 |
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| 69 | 69 | | shall be owned by this state and managed by the General Land Office. |
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| 70 | 70 | | SECTION 2. As soon as practicable after the effective date |
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| 71 | 71 | | of this Act, the attorney general shall adopt rules for the |
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| 72 | 72 | | implementation of Chapter 21A, Property Code, as added by this Act. |
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| 73 | 73 | | SECTION 3. This Act takes effect September 1, 2023. |
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