81R776 BEF-D
By: Solomons H.B. No. 128
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that applicants for certain licenses be
eligible for employment in the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 2, Occupations Code, is amended by adding
Chapter 60 to read as follows:
CHAPTER 60. EMPLOYMENT ELIGIBILITY IN UNITED STATES REQUIRED FOR
BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSE
Sec. 60.001. DEFINITIONS. In this chapter:
(1) "Employment eligibility" means eligibility for
employment in the United States.
(2) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) an individual must obtain to engage in a
particular business, occupation, or profession.
(3) "Licensing authority" means a department,
commission, board, office, or other agency of this state or a
political subdivision of this state that issues a license.
Sec. 60.002. EMPLOYMENT ELIGIBILITY REQUIRED. (a) An
applicant for a license must establish employment eligibility if
the applicant is:
(1) applying for an original license; or
(2) renewing a license and the applicant has not
previously established employment eligibility.
(b) The licensing authority may not issue a license to an
applicant or renew an applicant's license unless the applicant
establishes employment eligibility as required by Subsection (a).
Sec. 60.003. DOCUMENTS THAT ESTABLISH EMPLOYMENT
ELIGIBILITY. (a) To establish employment eligibility, an
applicant shall provide to the licensing authority for inspection
an original or a copy of:
(1) one of the following documents:
(A) a United States passport, unexpired or
expired;
(B) a Certificate of United States Citizenship;
(C) a Certificate of Naturalization;
(D) an unexpired foreign passport, with I-551
stamp or attached Form I-94 indicating unexpired employment
authorization;
(E) a Permanent Resident Card or Alien
Registration Receipt Card with photograph;
(F) an unexpired Temporary Resident Card;
(G) an unexpired Employment Authorization Card;
(H) an unexpired reentry permit;
(I) an unexpired Refugee Travel Document; or
(J) an unexpired Employment Authorization
Document issued by the United States Department of Homeland
Security that contains a photograph; or
(2) two documents as follows:
(A) one document listed in this paragraph:
(i) a driver's license or identification
card that is issued by a state or outlying possession of the United
States and that contains the applicant's photograph or information,
including the applicant's name, date of birth, sex, height, eye
color, and address;
(ii) an identification card that is issued
by a federal, state, or local government agency and that contains
the applicant's photograph or information, including the
applicant's name, date of birth, sex, height, eye color, and
address;
(iii) a voter registration certificate;
(iv) a United States military card or draft
record;
(v) a military dependent's identification
card;
(vi) a United States Coast Guard Merchant
Mariner Card;
(vii) a Native American tribal document; or
(viii) a driver's license issued by a
Canadian government authority; and
(B) one document listed in this paragraph:
(i) a social security card issued by the
Social Security Administration, other than a card stating it is not
valid for employment;
(ii) a Certification of Birth Abroad issued
by the United States Department of State;
(iii) an original or certified copy of a
birth certificate issued by a state, county, municipality, or
outlying possession of the United States bearing an official seal;
(iv) a Native American tribal document;
(v) a United States Citizen Identification
Card;
(vi) an Identification Card for Use of
Resident Citizen in the United States; or
(vii) an unexpired Employment
Authorization Document issued by the United States Department of
Homeland Security.
(b) In addition to the documents required by Subsection (a),
an applicant may establish employment eligibility by submitting to
the licensing authority a document verifying that the applicant
provided to their current or most recent employer a true and correct
Form I-9 along with authentic supporting documents.
(c) Except as provided by this subsection, the documents
required by Subsection (a) or (b) must be submitted with the license
application. An applicant who submits an application through the
TexasOnline system or another electronic means shall submit the
documents required under Subsection (a) or (b) not later than 30
days after the date the application is submitted electronically.
Sec. 60.004. TEMPORARY LICENSE. (a) After an applicant has
submitted all documents that will be required for a licensing
authority to verify the applicant's employment eligibility and
before the licensing authority verifies the applicant's employment
eligibility, the licensing authority may issue a temporary license
to the applicant.
(b) A temporary license under this section expires on the
21st day after the date the temporary license is issued.
(c) The licensing authority shall determine the applicant's
employment eligibility not later than the day the temporary license
expires.
Sec. 60.005. AUDIT. A licensing authority may audit some or
all of the applications submitted to the licensing authority for
compliance with this chapter, including documents used to establish
employment eligibility.
Sec. 60.006. CONFIDENTIALITY. Information provided by an
applicant under this chapter that is not subject to disclosure
under other law is confidential and not subject to disclosure under
Chapter 552, Government Code.
Sec. 60.007. NONDISCRIMINATION. A licensing authority
shall implement this chapter without regard to an applicant's race,
religion, sex, ethnicity, or national origin.
SECTION 2. The purpose of this Act is to assist in the
enforcement of 8 U.S.C. Chapter 12.
SECTION 3. (a) In this section:
(1) "License" means a license, certificate,
registration, permit, or other authorization that:
(A) is issued by a licensing authority; and
(B) an individual must obtain to engage in a
particular business, occupation, or profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of this state or a
political subdivision of this state that issues a license.
(b) Each licensing authority shall adopt rules under
Chapter 60, Occupations Code, as added by this Act, not later than
January 1, 2010.
(c) The change in law made by this Act applies only to an
application for the issuance or renewal of a license that is filed
with a licensing authority on or after March 1, 2010. An
application for the issuance or renewal of a license that is filed
before March 1, 2010, is governed by the law in effect on the date
the application was filed, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2009.