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A BILL TO BE ENTITLED
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AN ACT
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relating to the exercise of eminent domain authority by the Texas |
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Facilities Commission to build a wall along this state's |
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international border. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter L, Chapter 2166, Government Code, is |
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amended by adding Section 2166.555 to read as follows: |
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Sec. 2166.555. INTERNATIONAL BORDER WALL. (a) The |
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commission may exercise the power of eminent domain under Section |
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2166.055 to acquire an interest in real property for the |
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construction, extension, improvement, or development of a wall |
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along this state's international border for the purposes of |
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preventing: |
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(1) human trafficking; and |
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(2) illegal entry into the United States of: |
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(A) aliens without official approval of an |
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appropriate federal governmental authority; |
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(B) terrorists and instruments of terrorism; and |
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(C) contraband, including narcotics and other |
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controlled substances. |
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(b) The commission may exercise the power of eminent domain |
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under Subsection (a) to acquire: |
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(1) land in fee simple; or |
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(2) any interest less than fee simple in, on, under, or |
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above land, including an easement, right-of-way, or right of use of |
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airspace or subsurface space. |
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(c) The commission must adopt a resolution in accordance |
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with Section 2206.053 before filing a condemnation petition under |
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Chapter 21, Property Code, to exercise the power of eminent domain |
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under this section. |
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(d) The resolution required by Subsection (c): |
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(1) must include a statement that the commission's |
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acquisition of the property interest described in the resolution: |
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(A) is a public necessity; and |
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(B) is necessary and proper for the construction, |
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extension, improvement, or development of a wall along this state's |
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international border and is in the public interest; and |
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(2) is conclusive evidence of the public necessity of |
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the proposed acquisition and that the property interest is |
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necessary for public use. |
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SECTION 2. This Act takes effect September 1, 2023. |