SB316 - Relating to the exercise of eminent domain authority by the Texas Facilities Commission to build a wall along this state's international border.

  89R3455 CS-D     By: Creighton S.B. No. 316       A BILL TO BE ENTITLED   AN ACT   relating to the exercise of eminent domain authority by the Texas   Facilities Commission to build a wall along this state's   international border.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter L, Chapter 2166, Government Code, is   amended by adding Section 2166.555 to read as follows:           Sec.   2166.555.     INTERNATIONAL BORDER WALL. (a)   The   commission may exercise the power of eminent domain under Section   2166.055 to acquire an interest in real property for the   construction, extension, improvement, or development of a wall   along this state's international border for the purposes of   preventing:                 (1)  human trafficking; and                 (2)  illegal entry into the United States of:                       (A)     aliens without official approval of an   appropriate federal governmental authority;                       (B)  terrorists and instruments of terrorism; and                       (C)     contraband, including narcotics and other   controlled substances.           (b)     The commission may exercise the power of eminent domain   under Subsection (a) to acquire:                 (1)  land in fee simple; or                 (2)     any interest less than fee simple in, on, under, or   above land, including an easement, right-of-way, or right of use of   airspace or subsurface space.           (c)     The commission must adopt a resolution in accordance   with Section 2206.053 before filing a condemnation petition under   Chapter 21, Property Code, to exercise the power of eminent domain   under this section.           (d)  The resolution required by Subsection (c):                 (1)     must include a statement that the commission's   acquisition of the property interest described in the resolution:                       (A)  is a public necessity; and                       (B)     is necessary and proper for the construction,   extension, improvement, or development of a wall along this state's   international border and is in the public interest; and                 (2)     is conclusive evidence of the public necessity of   the proposed acquisition and that the property interest is   necessary for public use.          SECTION 2.  This Act takes effect September 1, 2025.