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