| 1 | 1 | | By: Creighton S.B. No. 16 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the exercise of eminent domain authority by the Texas |
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| 7 | 7 | | Facilities Commission to build a wall along this state's |
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| 8 | 8 | | international border. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter L, Chapter 2166, Government Code, is |
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| 11 | 11 | | amended by adding Section 2166.555 to read as follows: |
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| 12 | 12 | | Sec. 2166.555. INTERNATIONAL BORDER WALL. (a) The |
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| 13 | 13 | | commission may exercise the power of eminent domain under Section |
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| 14 | 14 | | 2166.055 to acquire an interest in real property for the |
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| 15 | 15 | | construction, extension, improvement, or development of a wall |
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| 16 | 16 | | along this state's international border for the purposes of |
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| 17 | 17 | | preventing: |
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| 18 | 18 | | (1) human trafficking; and |
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| 19 | 19 | | (2) illegal entry into the United States of: |
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| 20 | 20 | | (A) aliens without official approval of an |
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| 21 | 21 | | appropriate federal governmental authority; |
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| 22 | 22 | | (B) terrorists and instruments of terrorism; and |
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| 23 | 23 | | (C) contraband, including narcotics and other |
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| 24 | 24 | | controlled substances. |
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| 25 | 25 | | (b) The commission may exercise the power of eminent domain |
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| 26 | 26 | | under Subsection (a) to acquire: |
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| 27 | 27 | | (1) land in fee simple; or |
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| 28 | 28 | | (2) any interest less than fee simple in, on, under, or |
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| 29 | 29 | | above land, including an easement, right-of-way, or right of use of |
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| 30 | 30 | | airspace or subsurface space. |
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| 31 | 31 | | (c) The commission must adopt a resolution in accordance |
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| 32 | 32 | | with Section 2206.053 before filing a condemnation petition under |
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| 33 | 33 | | Chapter 21, Property Code, to exercise the power of eminent domain |
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| 34 | 34 | | under this section. |
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| 35 | 35 | | (d) The resolution required by Subsection (c): |
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| 36 | 36 | | (1) must include a statement that the commission's |
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| 37 | 37 | | acquisition of the property interest described in the resolution: |
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| 38 | 38 | | (A) is a public necessity; and |
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| 39 | 39 | | (B) is necessary and proper for the construction, |
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| 40 | 40 | | extension, improvement, or development of a wall along this state's |
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| 41 | 41 | | international border and is in the public interest; and |
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| 42 | 42 | | (2) is conclusive evidence of the public necessity of |
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| 43 | 43 | | the proposed acquisition and that the property interest is |
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| 44 | 44 | | necessary for public use. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2023. |
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