Bill Text: TX HB3470 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the authority of the attorney general to acquire by eminent domain certain real property owned by aliens or foreign entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to State Affairs [HB3470 Detail]
Download: Texas-2023-HB3470-Introduced.html
| 88R10057 DRS-D | ||
| By: Spiller | H.B. No. 3470 | |
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| 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. | ||
