Monitoring the Session

SB 316

bill gives Texas Facilities Commission eminent domain for border wall

Died in committee

Verdict: No flags

No flagsInitial review
Sen. Brandon CreightonRSenate 4

Initial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

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

Caption from analyzed text · version I.

Summary

Border landowners could lose land outright, or the airspace above it.

The bill gives the Texas Facilities Commission the power to take private land through eminent domain to build, extend or improve a wall along the Texas border. It touches landowners along the border, who could lose their land outright or have easements, rights-of-way, or airspace or underground rights taken. Before filing a condemnation case, the commission must pass a resolution declaring the taking a public necessity, and that resolution counts as conclusive proof of necessity in court.

Labels

Labels: ZOMBIE BILL. Died 2 times: 88R SB 1481 (Did not pass) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 1481 (Did not pass). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 12, 2024 and referred to the Senate Border Security committee. No public hearing. The bill died.

Receipt

The receipt

89R-SB316 · 2024-11-12

SOLD BY

Sen. Brandon CreightonRSenate 4

ITEM

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

WHAT IT DOES

Border landowners could lose land outright, or the airspace above it.

The bill gives the Texas Facilities Commission the power to take private land through eminent domain to build, extend or improve a wall along the Texas border. It touches landowners along the border, who could lose their land outright or have easements, rights-of-way, or airspace or underground rights taken. Before filing a condemnation case, the commission must pass a resolution declaring the taking a public necessity, and that resolution counts as conclusive proof of necessity in court.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Received by the Secretary of the Senate
  2. Filed
  3. Read first time
  4. Referred to Border Security
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Brandon Creighton

Donors

Donors report through Friends of Brandon Creighton.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

$0 raised since Jul 1, 2024. Derived sum of published report totals. blank in the state's data, consistent with zero. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

Report 101060909: Published total from the filed report. Retrieved Oct 29, 2026. Filed report 101060909

$0 spent Jan 1, 2026 to Jun 30, 2026. Published total from the filed report. Flow, Jan 1, 2026 through Jun 30, 2026. State filing data as of Nov 4, 2026. 1 of 1 filed reports carry a published figure.

Report 101060909: Published total from the filed report. Retrieved Oct 29, 2026. Filed report 101060909

$0 cash on hand. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

$0 loans outstanding. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

Derived sum of itemized contributions in regular reports and uncovered special-session dates. Unitemized contributions are not included. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

FILED BEFORE

Filed 2 times: 88R and 89R. Checked against 88R only.

88R SB 1481

by Sen. Creighton, same lead author · Did not pass · same text

Introduced text

Last action, May 12, 2023: Placed on intent calendar

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

Caption, 88R bill history

Sources

Texas Senate · Filed Nov 12, 2024

02/03/2025 S Referred to Border Security

Texas Legislature Online · Introduced

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Senate committee · Border Security · Final status: Died in committee

Subjects

Property Interests--Eminent Domain

Property Interests--Real Property

State Agencies, Boards & Commissions

BORDER

FACILITIES COMMISSION, TEXAS

Text

The text as introduced · 315 words

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.