84R8371 YDB-D
	By: Peña	H.B. No. 1602

	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of the Texas Commission on
	Immigration and Migration and a migrant worker visa pilot project.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle C, Title 3, Government Code, is amended
	by adding Chapter 329 to read as follows:
	CHAPTER 329. TEXAS COMMISSION ON IMMIGRATION AND MIGRATION
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 329.001.  SHORT TITLE. This chapter is known as the
	Texas Commission on Immigration and Migration Act.
	Sec. 329.002.  DEFINITIONS. In this chapter:
	(1)  "Commission" means the Texas Commission on
	Immigration and Migration.
	(2)  "Pilot project" means the pilot project created
	under Subchapter D.
	(3)  "Pilot project memorandum of understanding" means
	the memorandum of understanding described in Section 329.151.
	(4)  "State agency" means a department, board,
	commission, office, or other agency in the executive, legislative,
	or judicial branch of state government. The term includes a state
	institution of higher education as defined by Section 61.003,
	Education Code.
	(5)  "United States nonimmigrant visa" means a visa
	issued by the federal government as provided in 8 U.S.C. Sections
	1101 and 1184.
	SUBCHAPTER B. ESTABLISHMENT OF COMMISSION
	Sec. 329.051.  ESTABLISHMENT AND COMPOSITION. The Texas
	Commission on Immigration and Migration is an advisory commission
	composed of 26 members as follows:
	(1)  the lieutenant governor;
	(2)  the speaker of the house of representatives;
	(3)  a member of the minority party in the senate chosen
	by the senators who are members of that party;
	(4)  a member of the minority party in the house of
	representatives chosen by the representatives who are members of
	that party;
	(5)  the governor or the governor's designee;
	(6)  the attorney general or the attorney general's
	designee;
	(7)  the commissioner of agriculture or the
	commissioner's designee;
	(8)  the director of the Texas Economic Development and
	Tourism Office or the director's designee;
	(9)  the executive director of the Texas Workforce
	Commission or the executive director's designee;
	(10)  the comptroller or the comptroller's designee;
	(11)  three members of the house of representatives
	appointed by the speaker of the house of representatives, not more
	than two of whom may be from the same political party;
	(12)  three members of the public appointed by the
	speaker of the house of representatives in accordance with Section
	329.052;
	(13)  three members of the senate appointed by the
	lieutenant governor, not more than two of whom may be from the same
	political party;
	(14)  three members of the public appointed by the
	lieutenant governor in accordance with Section 329.052; and
	(15)  four members of the public appointed by the
	governor in accordance with Section 329.052.
	Sec. 329.052.  ELIGIBILITY OF PUBLIC MEMBERS; TERMS.  (a)
	Public members of the commission appointed under Section 329.051
	must:
	(1)  be residents of this state; and
	(2)  be appointed with due regard for:
	(A)  geographic representation;
	(B)  diversity;
	(C)  education, including academic
	postgraduate-level degrees related to the immigrant community in
	this state; and
	(D)  knowledge and experience.
	(b)  An appointment by the lieutenant governor, the speaker
	of the house of representatives, or the governor may include a
	representative from:
	(1)  an immigrant or immigrant-serving community-based
	organization;
	(2)  a philanthropic organization;
	(3)  an advocacy group;
	(4)  a business, including an immigrant entrepreneur;
	(5)  a union;
	(6)  academia; or
	(7)  a faith-based organization.
	(c)  Public members of the commission serve three-year
	terms.
	(d)  A public member shall serve until a successor is
	appointed and qualified.
	Sec. 329.053.  VACANCY. A vacancy in the membership of the
	commission shall be filled for the unexpired term in the manner
	provided for the original appointment.
	Sec. 329.054.  PRESIDING OFFICER. The governor or, at the
	discretion of the governor, the lieutenant governor shall serve as
	presiding officer of the commission.
	Sec. 329.055.  VOTE. A vote of the majority of the
	commission members present when a quorum is present is an action of
	the commission.
	Sec. 329.056.  MEETINGS. The commission shall meet at least
	quarterly and at other times at the call of the presiding officer.
	Sec. 329.057.  COMPENSATION; REIMBURSEMENT. A member of the
	commission is not entitled to compensation for the member's service
	but may receive per diem and travel expenses in accordance with the
	General Appropriations Act.
	Sec. 329.058.  STAFF. The office of the attorney general
	shall staff the commission.
	SUBCHAPTER C. COMMISSION POWERS AND DUTIES
	Sec. 329.101.  GENERAL POWERS AND DUTIES. The commission
	shall:
	(1)  conduct a thorough review of the economic, legal,
	cultural, and educational impact of illegal immigration on this
	state and its political subdivisions;
	(2)  conduct a thorough examination of state and
	federal laws relating to immigration, migration, and guest worker
	programs;
	(3)  develop a comprehensive, coordinated, and
	sustainable state plan to address:
	(A)  immigration and the use of migrant workers in
	the state; and
	(B)  integration of immigrants;
	(4)  make legislative recommendations to the governor
	and the legislature to implement the state plan described in
	Subdivision (3):
	(A)  consistent with the respective
	constitutional powers, rights, and responsibilities of the United
	States and of this state; and
	(B)  to protect the health, safety, and welfare of
	the residents of this state;
	(5)  advise the governor and the legislature on
	proposed legislation related to immigration:
	(A)  to encourage a comprehensive, coordinated,
	and sustainable state response to issues related to immigration;
	and
	(B)  on request of:
	(i)  the governor;
	(ii)  the lieutenant governor;
	(iii)  the speaker of the house of
	representatives;
	(iv)  a member of the minority party in the
	senate chosen by the senators who are members of that party; or
	(v)  a member of the minority party in the
	house of representatives chosen by the representatives who are
	members of that party; and
	(6)  comply with the Migrant Worker Visa Pilot Project
	under Subchapter D.
	Sec. 329.102.  STATE AGENCY INFORMATION. (a) The
	commission may request a state agency to provide the commission
	with information available to the state agency that the commission
	considers necessary to discharge the commission's duties under this
	chapter.
	(b)  A state agency shall cooperate with the commission to
	furnish the commission with the information requested under
	Subsection (a):
	(1)  to the extent not inconsistent with law;
	(2)  within the limits of the state agency's statutory
	authority; and
	(3)  on as timely a basis as is necessary to accomplish
	the purposes of this chapter.
	Sec. 329.103.  TESTIMONY; EXPERT CONSULTANTS.  (a)  In
	performing its powers and duties, the commission may invite
	testimony from the governor, legislators, state agencies, and
	members of the public.
	(b)  The commission may consult with experts or other
	knowledgeable individuals in the public or private sector on any
	matter related to the commission's powers and duties under this
	chapter.
	Sec. 329.104.  PUBLIC HEARING. The commission may hold one
	or more public hearings that it considers advisable and in
	locations in this state that it chooses to afford interested
	persons an opportunity to appear and present views on any subject
	relating to the commission's powers and duties under this chapter.
	Sec. 329.105.  REPORT. (a) The commission annually shall
	report to the legislature and governor on its activities and
	recommendations.
	(a-1)  The commission shall submit an initial report to the
	legislature and governor not later than six months after the date of
	the first meeting of the commission.  The commission shall submit
	its first annual report to the legislature and governor not later
	than six months after the date the initial report is submitted, or
	as soon as practicable after that date. This subsection expires
	January 1, 2018.
	(b)  The commission shall provide any report submitted under
	this section to the public on request.
	Sec. 329.106.  COLLABORATION ON INTEGRATION OF IMMIGRANTS;
	EVALUATION OF STATE GOVERNMENT.  (a) Consistent with the state plan
	described in Section 329.101(3), the commission shall:
	(1)  work collaboratively with federal, state, and
	local governments to facilitate integration of immigrants in this
	state; and
	(2)  work collaboratively with businesses and
	community organizations to ensure that public input into the
	process is consistently maintained with regard to integration of
	immigrants.
	(b)  The commission shall evaluate the structure and
	organization of government in this state, including state agencies,
	independent entities, political subdivisions, and school
	districts, and advise the legislature and governor regarding the
	best way to achieve immigrant integration in the delivery of
	services and programs in a cost-neutral manner.
	(c)  In its examination of immigrant integration in this
	state, the commission shall identify any measures that will bring
	enhanced lawfulness, economy, efficiency, and accountability to
	government operations.
	SUBCHAPTER D. MIGRANT WORKER VISA PILOT PROJECT
	Sec. 329.151.  PILOT PROJECT MEMORANDUM OF UNDERSTANDING.
	(a) With the assistance of the attorney general, the governor may
	negotiate and enter into a memorandum of understanding with the
	government of a state in Mexico to create the Migrant Worker Visa
	Pilot Project, under which businesses in this state may obtain
	legal foreign migrant workers through use of United States
	nonimmigrant visas.
	(b)  The commission shall recommend to the legislature and
	the governor policies and programs that will educate, encourage,
	support, and facilitate businesses in this state in need of
	temporary workers to participate in the pilot project.
	Sec. 329.152.  REQUIREMENTS FOR PILOT PROJECT AND PILOT
	PROJECT MEMORANDUM OF UNDERSTANDING. (a) Under the pilot project
	memorandum of understanding, the governor may commit this state,
	including the commission, to work directly with officials of the
	government of the Mexican state selected for the pilot project to
	encourage, facilitate, and support the migration of legal Mexican
	migrant workers from the Mexican state to this state for the purpose
	of filling jobs with businesses in this state most in need of
	skilled and unskilled migrant labor.
	(b)  The pilot project and the pilot project memorandum of
	understanding must:
	(1)  be compatible with the Immigration and Nationality
	Act, 8 U.S.C. Section 1101 et seq., and federal policies,
	procedures, and requirements for issuing United States
	nonimmigrant visas to Mexicans qualified to participate in the
	pilot project, with particular attention to the following:
	(A)  a business in this state hiring a migrant
	worker through the pilot project shall demonstrate and certify that
	there are not sufficient workers where that labor is to be performed
	who are able, willing, qualified, and available at the time of
	application for a United States nonimmigrant visa; and
	(B)  the employment of the migrant worker will not
	adversely affect the wages and working conditions of workers in
	this state who are similarly employed;
	(2)  require that the Mexican state provide to
	businesses in this state Mexican migrant workers who meet certain
	requirements, including that each migrant worker:
	(A)  meets the legal requirements of federal law
	with regard to eligibility for a United States nonimmigrant visa;
	(B)  passes a criminal background check;
	(C)  undergoes standardized testing to satisfy
	the hiring business that the migrant worker possesses the requisite
	level of education or skill required for the job to be filled;
	(D)  is issued a tamper-proof identification that
	includes personal information, a photo, a fingerprint, a visa
	number, and an expiration date; and
	(E)  will be notified by the Mexican state before
	the expiration date of the United States nonimmigrant visa of the
	date the migrant worker is required to return to Mexico; and
	(3)  if a migrant worker fails to return to Mexico
	before expiration of the migrant worker's United States
	nonimmigrant visa, require the Mexican state to notify:
	(A)  the business that hires the migrant worker;
	(B)  the advisory committee created under
	Subchapter E; and
	(C)  United States Immigration and Customs
	Enforcement.
	Sec. 329.153.  EXPANSION TO SIMILAR PILOT PROJECTS. (a)
	After the first anniversary of the date the pilot project
	memorandum of understanding is executed under Section 329.152, if
	the governor determines, after consultation with the commission,
	that the pilot project is successful, the governor may enter into
	one or more additional memoranda of understanding to create similar
	pilot projects, except that the governor may not enter into a
	similar pilot project memorandum of understanding with a country:
	(1)  designated by the United States Department of
	State as a state sponsor of terrorism;
	(2)  against which the United States has declared war;
	or
	(3)  against which the United States has imposed
	sanctions as listed under a sanctions program of the Office of
	Foreign Assets Control within the United States Department of the
	Treasury.
	(b)  After the governor has entered into one or more
	additional memoranda of understanding under Subsection (a), the
	governor, in consultation with the commission, may periodically
	evaluate whether to enter into additional pilot projects subject to
	the limitations of Subsections (a)(1) through (3).
	(c)  A memorandum of understanding creating a similar pilot
	project shall comply with the requirements of Section 329.152.
	(d)  A similar pilot project created under this section shall
	operate in a manner substantially similar to the pilot project
	implemented under Section 329.151.
	SUBCHAPTER E.  ADVISORY COMMITTEE
	Sec. 329.201.  CREATION OF ADVISORY COMMITTEE. (a) The
	commission shall create an advisory committee to perform the
	studies required by this subchapter.
	(b)  The commission shall appoint at least one member of the
	commission to the advisory committee.
	(c)  The advisory committee may work jointly with a similar
	committee of a Mexican state.
	Sec. 329.202.  REIMBURSEMENT. A member of the advisory
	committee may not receive a per diem or travel expenses.
	Sec. 329.203.  ADVISORY COMMITTEE DUTIES. The advisory
	committee shall:
	(1)  study the process and results of the pilot
	project;
	(2)  study the impact of existing federal law on the
	ability to meet the needs of businesses in this state and Mexican
	migrant workers;
	(3)  study the current United States nonimmigrant visa
	application process from both the employer and employee perspective
	to understand:
	(A)  the strengths and weaknesses of the existing
	law; and
	(B)  the United States nonimmigrant visa process
	and the implications to regional employment and security;
	(4)  document the state and regional economic impact
	and security implications of existing law and processes;
	(5)  educate the populations of this state and a
	Mexican state on issues to create alignment around a shared vision;
	and
	(6)  present the committee's findings annually to the
	commission in a detailed report that includes recommendations to
	the commission on methods to best address the challenges of
	immigration, employment, and security.
	Sec. 329.204.  COMMISSION RECOMMENDATIONS. (a) The
	commission shall use the information generated by the advisory
	committee under the pilot project to make recommendations to the
	governor not later than the first anniversary after the date the
	pilot project memorandum of understanding is executed.
	(b)  The commission shall consider including in the
	recommendations:
	(1)  observations and market recommendations;
	(2)  one or more proposals to amend existing law as
	necessary to accomplish the recommendations made by the commission
	and to meet the realities of current economic necessities;
	(3)  a recommendation as to whether, and if so, to what
	extent, the current caps on the H-2B United States nonimmigrant
	visas should be raised; and
	(4)  a recommendation as to whether the wait time
	between receiving H-2B United States nonimmigrant visas should be
	shortened.
	(c)  The governor may report the recommendations of the
	commission to the president of the United States, Congress, and the
	United States attorney general.
	SECTION 2.  Not later than November 1, 2015, the governor,
	lieutenant governor, and speaker of the house of representatives
	shall appoint the initial public members to the Texas Commission on
	Immigration and Migration as follows:
	(1)  the following are appointed to a three-year term:
	(A)  one member appointed by the lieutenant
	governor;
	(B)  one member appointed by the speaker of the
	house of representatives; and
	(C)  one member appointed by the governor;
	(2)  the following are appointed to a two-year term:
	(A)  one member appointed by the lieutenant
	governor;
	(B)  one member appointed by the speaker of the
	house of representatives; and
	(C)  one member appointed by the governor; and
	(3)  the following are appointed to a one-year term:
	(A)  one member appointed by the lieutenant
	governor;
	(B)  one member appointed by the speaker of the
	house of representatives; and
	(C)  two members appointed by the governor.
	SECTION 3.  This Act takes effect September 1, 2015.