Texas Senate Bill SB38

Texas 2023 - 88th 3rd C.S.

• Filed: 10/9/23

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

Should SB38 be enacted, it would amend the Government Code by adding provisions to allow the Texas Facilities Commission to use eminent domain to secure land for the wall. This authority includes acquiring land in fee simple or any lesser interest in land, such as easements. Additionally, the bill mandates a resolution to demonstrate that the acquisition is a public necessity and in the public interest, thereby allowing the commission to proceed with condemnation proceedings if deemed necessary.

Summary

SB38, relating to the exercise of eminent domain authority by the Texas Facilities Commission for the construction of a wall along the international border, aims to strengthen border security by enabling the state to acquire land necessary for the wall. The bill specifically focuses on preventing human trafficking, illegal entry, and the transportation of contraband. By formalizing these powers, the bill underscores the state's commitment to controlling its borders and addressing safety concerns related to immigration and drug trafficking.

Sentiment

The sentiment around SB38 appears to be polarized. Advocates of the bill, likely including many Republican legislators, view it as a critical step towards enhanced state security, fostering a sense of urgency around border protection. Conversely, opponents may argue that the use of eminent domain for this purpose raises ethical concerns regarding property rights. Critics could express fears that the bill represents an overreach, potentially infringing on the rights of landowners and communities affected by such acquisitions.

Contention

Notably, the primary points of contention regarding SB38 revolve around the implications of eminent domain. Opponents often cite historical injustices associated with the misuse of this power, highlighting concerns for those who may be displaced or deprived of their properties without adequate compensation. The discussion thus centers not only on border security and public safety but also on the rights of individuals and local governance in the face of state authority.

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