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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a work program for certain persons |
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not legally authorized to be in the United States; providing |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Labor Code, is amended by |
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adding Chapter 54 to read as follows: |
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CHAPTER 54. TEXAS IMMIGRANT RECONCILIATION ACT |
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Sec. 54.001. PURPOSE. The purpose of this chapter is to: |
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(1) provide a mechanism for obtaining information |
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regarding foreign nationals who are not lawfully present in this |
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state; |
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(2) provide a method to collect taxes to pay for |
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services provided by this state and political subdivisions of this |
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state to foreign nationals who are not lawfully present in this |
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state; |
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(3) provide a legal method for a foreign national to |
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work in this state; |
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(4) ensure that employers hire only legally eligible |
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workers; and |
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(5) remove the incentive for human trafficking along |
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the southern border of this state. |
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Sec. 54.002. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Workforce |
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Commission. |
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(2) "Resident alien card" means a Texas resident alien |
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card issued under this chapter. |
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(3) "Unlawful resident alien" means a person not |
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authorized by law to be present in the United States who is living |
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in this state and has been issued a Texas resident alien card. |
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Sec. 54.003. ELIGIBILITY. (a) A foreign national who is |
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not lawfully present in this state may apply for a Texas resident |
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alien card. |
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(b) A resident alien card issued under this chapter: |
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(1) may be obtained by applying and paying a fee of |
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$4,000; and |
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(2) is valid for eight years. |
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(c) A person issued a resident alien card under this chapter |
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may work legally in this state. |
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(d) On the expiration of a resident alien card issued under |
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this chapter, the cardholder may apply for a new card. |
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(e) The commission may limit the number of resident alien |
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cards the commission issues each year. |
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Sec. 54.004. APPLICATION. (a) The commission by rule |
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shall adopt a form to be used to apply for a resident alien card |
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under this chapter. The form must require the applicant to provide |
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a permanent address and any other information the commission |
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considers necessary. |
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(b) The resident alien card must be designed in a manner |
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that prevents forgery. |
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(c) The resident alien card must include: |
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(1) a state-issued photograph of the cardholder; |
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(2) the cardholder's fingerprint; and |
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(3) a magnetic strip encoded with the cardholder's |
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identifying information. |
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(d) An applicant for a resident alien card under this |
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chapter must submit to a criminal history record information review |
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by the Department of Public Safety of the State of Texas. |
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Sec. 54.005. NO ASSISTANCE IN GAINING CITIZENSHIP. An |
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unlawful resident alien does not become a United States citizen |
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because the person has been issued a resident alien card under this |
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chapter. A resident alien card does not create an advantage to the |
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cardholder in obtaining citizenship. |
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Sec. 54.006. WITHHOLDING OF STATE TAX. (a) An employer |
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who hires an unlawful resident alien shall withhold from the |
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unlawful resident alien's paycheck a state tax at the rate withheld |
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for federal income taxes. |
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(b) An employer shall send the state tax withheld under this |
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section to the comptroller. |
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(c) The comptroller shall issue a unique identification |
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number for each cardholder. |
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Sec. 54.007. EFFECT OF EMPLOYMENT. (a) An employer has an |
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affirmative defense against any charge by the federal government |
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for hiring an unlawful resident alien if the employee holds a |
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resident alien card issued under this chapter. |
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(b) An employer must provide benefits to an employee who has |
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been issued a resident alien card that are similar to any benefits |
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the employer provides to an employee who is lawfully present in the |
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United States under federal law. |
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(c) Employers must give preference to a person who is |
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lawfully present in the United States under federal law in any |
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hiring, promotion, or reduction in force decision. |
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(d) Except as provided by this section, an employer may not |
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discriminate against an unlawful resident alien. |
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Sec. 54.008. ENFORCEMENT. (a) Commission employees shall |
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serve as compliance officers to monitor employers and unlawful |
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resident aliens throughout the state for purposes of this chapter. |
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(b) A compliance officer has authority to enter a place of |
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business for inspection purposes and to question the employer and |
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employees regarding compliance with this chapter. |
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(c) An employer who employs a foreign national who is not |
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lawfully present in the state and who has not been issued a resident |
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alien card is subject to a $10,000 fine for each incident. |
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(d) A valid Texas driver's license is satisfactory evidence |
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of an employee's compliance with this chapter. |
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(e) A compliance officer shall report any employee who does |
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not have a resident alien card to the United States Immigration and |
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Customs Enforcement. A foreign national who is not lawfully |
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present in the state and who is employed without holding a resident |
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alien card shall be deported and is ineligible to receive a resident |
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alien card at a later date. |
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Sec. 54.009. STANDARDS OF CONDUCT. (a) The commission |
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shall revoke a resident alien card if the cardholder is convicted of |
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a Class B misdemeanor or greater offense. |
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(b) On release from prison for an offense described by |
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Subsection (a), the unlawful resident alien shall be deported and |
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barred from obtaining a resident alien card at a later date. |
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(c) An unlawful resident alien who does not report wages for |
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at least six months is required to return to the unlawful resident |
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alien's native country for at least six months before the person may |
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reenter the state and seek employment. |
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(d) If an unlawful resident alien is married to another |
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unlawful resident alien, only one of the unlawful resident aliens |
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must report wages to the comptroller. |
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Sec. 54.010. BENEFITS. A person issued a resident alien |
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card under this chapter may obtain a Texas driver's license. The |
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person must provide proof of insurance before being issued a |
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driver's license. Failure to maintain insurance will result in |
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immediate deportation of the unlawful resident alien. |
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Sec. 54.011. EMERGENCY CARE. An unlawful resident alien |
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may receive emergency hospital care but is not eligible for other |
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state-provided public health services. |
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Sec. 54.012. SOCIAL SECURITY. An unlawful resident alien |
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is not eligible to receive federal social security benefits. |
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Sec. 54.013. USE OF MONEY. The state shall use taxes |
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collected under this chapter to ensure compliance with this chapter |
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and to provide supplemental money to a political subdivision that |
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provides services to an unlawful resident alien. The money shall be |
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used in the following manner and priority: |
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(1) to establish and train commission compliance |
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officers; |
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(2) to reimburse political subdivisions for money |
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spent for an unlawful resident alien, including education and |
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emergency health care expenses; |
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(3) to supplement the federal social security of |
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residents of the state; and |
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(4) to supplement the cost of medical care in local |
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communities. |
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SECTION 2. Not later than September 1, 2012, the Texas |
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Workforce Commission shall adopt rules necessary for the |
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administration of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |