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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the attorney general to acquire by |
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eminent domain certain real property owned by aliens or foreign |
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entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Property Code, is amended by adding |
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Chapter 21A to read as follows: |
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CHAPTER 21A. ACQUISITION BY EMINENT DOMAIN OF CERTAIN |
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FOREIGN-OWNED REAL PROPERTY |
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Sec. 21A.001. DEFINITIONS. In this chapter: |
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(1) "Alien" means a citizen of a country other than the |
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United States. |
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(2) "Critical infrastructure" means infrastructure in |
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one of the following categories: |
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(A) chemical; |
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(B) commercial facilities; |
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(C) communications; |
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(D) critical manufacturing; |
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(E) dams; |
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(F) defense industrial bases; |
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(G) emergency services; |
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(H) energy; |
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(I) financial services; |
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(J) food and agriculture; |
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(K) government facilities; |
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(L) health care and public health; |
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(M) information technology; |
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(N) nuclear reactors, materials, and waste; |
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(O) transportation systems; or |
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(P) water and wastewater systems. |
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(3) "Foreign" means created or organized in a country |
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other than the United States or under the law of a country other |
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than the United States. |
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Sec. 21A.002. APPLICABILITY. This chapter applies to real |
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property in this state that is owned by an alien, foreign business, |
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or foreign government, or an agent, trustee, or fiduciary of an |
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alien, foreign business, or foreign government. |
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Sec. 21A.003. EMINENT DOMAIN; COURT PROCEEDING. (a) The |
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attorney general may bring an action to obtain a court order under |
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Subsection (c) authorizing the attorney general to initiate an |
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eminent domain proceeding to acquire real property owned by an |
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alien or foreign entity as described by Section 21A.002 if the |
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attorney general has reason to believe and shows that the real |
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property is being used in a manner that: |
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(1) violates state or federal law; or |
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(2) creates a risk to the state's critical |
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infrastructure. |
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(b) An action under this section may be brought in a |
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district court in the county where all or part of the real property |
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that is the subject of the action is located. |
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(c) If the district court finds that the attorney general |
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has made the showing required by Subsection (a), the court shall |
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enter an order stating that finding. |
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(d) On entry of the district court's order under Subsection |
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(c), the attorney general may initiate eminent domain proceedings |
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to acquire the real property. |
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(e) Chapter 21 governs the procedure for an eminent domain |
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proceeding initiated in accordance with this chapter. Chapter 2206, |
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Government Code, and Subchapter E, Chapter 21, of this code do not |
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apply to an eminent domain proceeding initiated in accordance with |
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this chapter. |
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Sec. 21A.004. STATE MANAGEMENT OF ACQUIRED REAL PROPERTY. |
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Real property acquired by eminent domain under Section 21A.003 |
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shall be owned by this state and managed by the General Land Office. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the attorney general shall adopt rules for the |
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implementation of Chapter 21A, Property Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |