Spiller Eminent Domain Bill Could Reach Dual U.S. Citizens

The text as introduced · 501 words

89R3250 DRS-D

By: Spiller
H.B. No. 243

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 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 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 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, 2025.