Texas 2009 - 81st Regular

Texas House Bill HB266 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R74 KLA-D
2	2	By: Berman H.B. No. 266
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulating the provision of benefits and services to,
8	8	and the verification of the employment status of, immigrants and to
9	9	enforcing laws relating to immigrants; providing civil and
10	10	criminal penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. FINDINGS AND STATEMENT OF PUBLIC INTEREST
13	13	SECTION 1.01. The legislature finds that:
14	14	(1) illegal immigration is causing economic hardship
15	15	and lawlessness in this state and is encouraged when an agency of
16	16	this state or of a political subdivision of this state provides
17	17	public benefits to a person without verifying the person's
18	18	immigration status; and
19	19	(2) the harboring and sheltering of illegal
20	20	immigrants, and the encouraging of illegal immigrants to reside in
21	21	this state, through the practice of issuing an identification card
22	22	to a person without verifying the person's immigration status:
23	23	(A) impedes the enforcement of federal
24	24	immigration laws;
25	25	(B) undermines the security of our borders; and
26	26	(C) impermissibly restricts the privileges and
27	27	immunities of legal residents of this state.
28	28	SECTION 1.02. The legislature declares that it is a
29	29	compelling public interest of this state to discourage illegal
30	30	immigration by requiring each agency of this state and of a
31	31	political subdivision of this state to cooperate fully with federal
32	32	immigration authorities in enforcing federal immigration laws, and
33	33	that additional actions are necessary to ensure the integrity of
34	34	governmental programs and services in this state.
35	35	ARTICLE 2. REQUIRED PARTICIPATION IN WORK ELIGIBILITY STATUS
36	36	VERIFICATION SYSTEM; UNLAWFUL EMPLOYMENT PRACTICES
37	37	SECTION 2.01. Subtitle A, Title 6, Government Code, is
38	38	amended by adding Chapter 619 to read as follows:
39	39	CHAPTER 619. VERIFICATION OF EMPLOYEE INFORMATION
40	40	Sec. 619.001. DEFINITIONS. In this chapter:
41	41	(1) "Governmental entity" means:
42	42	(A) the state;
43	43	(B) a political subdivision of the state,
44	44	including a municipality, a county, or any kind of district; or
45	45	(C) an institution, board, commission, office,
46	46	department, court, or other agency:
47	47	(i) in the executive, judicial, or
48	48	legislative branch of state government, including an institution of
49	49	higher education as defined by Section 61.003, Education Code; or
50	50	(ii) of a political subdivision of the
51	51	state.
52	52	(2) "Status verification system" means:
53	53	(A) the electronic verification of work
54	54	authorization program of Section 403(a) of the federal Illegal
55	55	Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
56	56	L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
57	57	operated by the United States Department of Homeland Security and
58	58	known as the Basic Pilot Program or E-Verify; or
59	59	(B) any other federal verification program
60	60	designated by the United States Department of Homeland Security or
61	61	any other federal agency authorized to verify the work eligibility
62	62	status of newly hired employees under the federal Immigration
63	63	Reform and Control Act of 1986 (Pub. L. No. 99-603).
64	64	Sec. 619.002. VERIFICATION. A governmental entity shall
65	65	register with and participate in a status verification system to
66	66	verify the federal employment authorization status of all new
67	67	employees.
68	68	Sec. 619.003. RULES. The Texas Workforce Commission shall
69	69	adopt rules and prescribe forms to implement this chapter. The
70	70	Texas Workforce Commission shall publish the proposed and adopted
71	71	rules on the commission's website as well as in the Texas Register.
72	72	SECTION 2.02. (a) Chapter 2252, Government Code, is
73	73	amended by adding Subchapter F to read as follows:
74	74	SUBCHAPTER F. STATUS VERIFICATION SYSTEM
75	75	Sec. 2252.151. DEFINITIONS. In this chapter:
76	76	(1) "Governmental entity" means:
77	77	(A) the state;
78	78	(B) a political subdivision of the state,
79	79	including a municipality, a county, or any kind of district; or
80	80	(C) an institution, board, commission, office,
81	81	department, court, or other agency:
82	82	(i) in the executive, judicial, or
83	83	legislative branch of state government, including an institution of
84	84	higher education as defined by Section 61.003, Education Code; or
85	85	(ii) of a political subdivision of the
86	86	state.
87	87	(2) "Status verification system" means an electronic
88	88	system operated by the federal government through which a
89	89	governmental entity may make an inquiry, by exercise of authority
90	90	delegated under 8 U.S.C. Section 1373, to verify or ascertain the
91	91	citizenship or immigration status of an individual. The term
92	92	includes:
93	93	(A) the electronic verification of work
94	94	authorization program of Section 403(a) of the federal Illegal
95	95	Immigration Reform and Immigrant Responsibility Act of 1996 (Pub.
96	96	L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
97	97	operated by the United States Department of Homeland Security and
98	98	known as the Basic Pilot Program or E-Verify;
99	99	(B) any federal verification program designated
100	100	by the United States Department of Homeland Security or any other
101	101	federal agency authorized to verify the work eligibility status of
102	102	newly hired employees under the federal Immigration Reform and
103	103	Control Act of 1986 (Pub. L. No. 99-603);
104	104	(C) any other independent, third-party system
105	105	with an equal or higher degree of reliability as the other programs,
106	106	systems, or processes described in this subdivision; and
107	107	(D) the Social Security Number Verification
108	108	Service or another similar online verification process implemented
109	109	by the United States Social Security Administration.
110	110	(3) "Subcontractor" includes a contract employee and
111	111	staffing agency.
112	112	Sec. 2252.152. VERIFICATION. (a) A governmental entity
113	113	may not enter into a contract for the physical performance of
114	114	services within this state with a contractor unless the contractor
115	115	registers with and participates in a status verification system to
116	116	verify the work eligibility status of all new employees.
117	117	(b) A contractor may not enter into a contract with a
118	118	governmental entity for the physical performance of services in
119	119	this state unless the contractor and all subcontractors under the
120	120	contract register with and participate in a status verification
121	121	system to verify the work eligibility status of all new employees.
122	122	Sec. 2252.153. RULES. (a) Except as provided by Subsection
123	123	(b), the Texas Workforce Commission shall adopt rules and prescribe
124	124	forms to implement this subchapter. The Texas Workforce Commission
125	125	shall publish the proposed and adopted rules on the commission's
126	126	website as well as in the Texas Register.
127	127	(b) The Texas Department of Transportation shall adopt
128	128	rules and prescribe forms relating to state highway contracts to
129	129	implement this subchapter. The Texas Department of Transportation
130	130	shall publish the proposed and adopted rules on the department's
131	131	website as well as in the Texas Register.
132	132	(b) Subchapter F, Chapter 2252, Government Code, as added by
133	133	this section, applies only in relation to a contract or contract
134	134	extension made on or after the effective date of this Act.
135	135	SECTION 2.03. (a) Subchapter B, Chapter 21, Labor Code, is
136	136	amended by adding Section 21.062 to read as follows:
137	137	Sec. 21.062. DISCRIMINATION BASED ON NATIONAL ORIGIN. (a)
138	138	In this section:
139	139	(1) "Status verification system" has the meaning
140	140	assigned by Section 619.001, Government Code.
141	141	(2) "Unauthorized alien" has the meaning assigned by 8
142	142	U.S.C. Section 1324a(h)(3).
143	143	(b) An employer commits an unlawful employment practice if
144	144	the employer discharges an employee working in this state who is a
145	145	United States citizen or permanent resident alien while retaining
146	146	an employee who the employer knows or reasonably should know is an
147	147	unauthorized alien who is working in this state in a job category:
148	148	(1) that requires equal skill, effort, and
149	149	responsibility as the job category held by the discharged employee;
150	150	and
151	151	(2) under which work is performed in similar working
152	152	conditions as in the job category held by the discharged employee.
153	153	(c) An employer who was enrolled in and used a status
154	154	verification system to verify the employment eligibility of its
155	155	employees in this state on the date of the discharge described by
156	156	Subsection (b) is exempt from liability, investigation, or suit
157	157	arising under this section.
158	158	(d) An employee discharged as described by Subsection (b)
159	159	has a cause of action against the employer for violation of this
160	160	section.
161	161	(b) Section 21.062, Labor Code, as added by this section,
162	162	applies to conduct of an employer occurring on or after the
163	163	effective date of this Act. Conduct occurring before that date is
164	164	governed by the law in effect on the date the conduct occurred, and
165	165	the former law is continued in effect for that purpose.
166	166	ARTICLE 3. PROVISION OF PUBLIC BENEFITS
167	167	SECTION 3.01. (a) Subchapter Z, Chapter 51, Education
168	168	Code, is amended by adding Section 51.954 to read as follows:
169	169	Sec. 51.954. STATE EDUCATIONAL BENEFITS: LAWFUL PRESENCE
170	170	IN UNITED STATES REQUIRED. (a) Notwithstanding any other
171	171	provision of this title, except as authorized under Sections 54.052
172	172	and 54.053, a person who is not lawfully present in the United
173	173	States is not considered to be a resident of this state for purposes
174	174	of:
175	175	(1) receiving from this state an educational benefit,
176	176	including a scholarship or other financial aid, for use in
177	177	attending a public or private institution of higher education; or
178	178	(2) determining the amount of tuition or fees charged
179	179	to the person by a public institution of higher education.
180	180	(b) The Texas Higher Education Coordinating Board shall
181	181	adopt rules as necessary to administer this section.
182	182	(b) Section 54.052, Education Code, is amended to read as
183	183	follows:
184	184	Sec. 54.052. DETERMINATION OF RESIDENT STATUS. (a)
185	185	Subject to the other applicable provisions of this subchapter
186	186	governing the determination of resident status, the following
187	187	persons are considered residents of this state for purposes of this
188	188	title:
189	189	(1) a person who:
190	190	(A) established a domicile in this state not
191	191	later than one year before the census date of the academic term in
192	192	which the person is enrolled in an institution of higher education;
193	193	and
194	194	(B) maintained that domicile continuously for
195	195	the year preceding that census date; and
196	196	(2) a dependent whose parent:
197	197	(A) established a domicile in this state not
198	198	later than one year before the census date of the academic term in
199	199	which the dependent is enrolled in an institution of higher
200	200	education; and
201	201	(B) maintained that domicile continuously for
202	202	the year preceding that census date.
203	203	(a-1) The Texas Higher Education Coordinating Board may
204	204	adopt rules as the board considers appropriate under which a person
205	205	who enrolls as a first-time freshman in an institution of higher
206	206	education after the 2008-2009 academic year is considered to be a
207	207	resident of this state for purposes of this title if the person:
208	208	(1) graduated from a public or private high school in
209	209	this state;
210	210	(2) attended a public or private high school in this
211	211	state for the two school years, or the equivalent number of
212	212	semesters if the person did not graduate at the end of a school
213	213	year, preceding the date of graduation;
214	214	(3) maintained a residence continuously in this state
215	215	for:
216	216	(A) the period prescribed by Subdivision (2); and
217	217	(B) the year preceding the census date of the
218	218	academic term in which the person is enrolled in an institution of
219	219	higher education; and
220	220	(4) is a dependent and maintained that residence
221	221	continuously with a parent of the person for the period prescribed
222	222	by Subdivision (2).
223	223	(a-2) Subject to the other applicable provisions of this
224	224	subchapter governing the determination of resident status, [; and
225	225	[(3)] a person who enrolled as a first-time freshman
226	226	in an institution of higher education before the 2009-2010 academic
227	227	year is considered to be a resident of this state for purposes of
228	228	this title if the person:
229	229	(1) [(A)] graduated from a public or private high
230	230	school in this state or received the equivalent of a high school
231	231	diploma in this state; and
232	232	(2) [(B)] maintained a residence continuously in this
233	233	state for:
234	234	(A) [(i)] the three years preceding the date of
235	235	graduation or receipt of the diploma equivalent, as applicable; and
236	236	(B) [(ii)] the year preceding the census date of
237	237	the academic term in which the person is enrolled in an institution
238	238	of higher education.
239	239	(b) For purposes of this section, the domicile of a
240	240	dependent's parent is presumed to be the domicile of the dependent
241	241	unless the person establishes eligibility for resident status under
242	242	Subsection (a-1) or (a-2) [(a)(3)].
243	243	(c) Section 54.053, Education Code, is amended to read as
244	244	follows:
245	245	Sec. 54.053. INFORMATION REQUIRED TO ESTABLISH RESIDENT
246	246	STATUS; EFFECT OF STATUS ON ELIGIBILITY FOR STATE FINANCIAL
247	247	AID. (a) A person must [shall] submit the following information
248	248	to an institution of higher education to establish resident status
249	249	under this subchapter:
250	250	(1) if the person applies for resident status under
251	251	Section 54.052(a)(1):
252	252	(A) a statement of the dates and length of time
253	253	the person has resided in this state, as relevant to establish
254	254	resident status under this subchapter; and
255	255	(B) a statement by the person that the person's
256	256	presence in this state for that period was for a purpose of
257	257	establishing and maintaining a domicile;
258	258	(2) if the person applies for resident status under
259	259	Section 54.052(a)(2):
260	260	(A) a statement of the dates and length of time
261	261	any parent of the person has resided in this state, as relevant to
262	262	establish resident status under this subchapter; and
263	263	(B) a statement by the parent or, if the parent is
264	264	unable or unwilling to provide the statement, a statement by the
265	265	person that the parent's presence in this state for that period was
266	266	for a purpose of establishing and maintaining a domicile; or
267	267	(3) if the person applies for resident status under
268	268	Section 54.052(a-1) or (a-2) [(a)(3)]:
269	269	(A) a statement of the dates and length of time
270	270	the person has resided in this state, as relevant to establish
271	271	resident status under this subchapter; [and]
272	272	(B) if the person is a dependent, a statement of
273	273	the dates and length of time the person has resided in this state
274	274	with a parent of the person, as relevant to establish resident
275	275	status under this subchapter; and
276	276	(C) except as permitted by Subsection (b),
277	277	appropriate documentation that the person:
278	278	(i) is a citizen of the United States or is
279	279	otherwise lawfully present in the United States; or
280	280	(ii) has filed an application or petition
281	281	with the United States Citizenship and Immigration Services to
282	282	legalize the person's immigration status.
283	283	(b) A person may substitute for the documentation required
284	284	by Subsection (a)(3)(C) [not a citizen or permanent resident of the
285	285	United States,] an affidavit stating that the person will apply or
286	286	petition to legalize the person's immigration status when [become a
287	287	permanent resident of the United States as soon as] the person
288	288	becomes eligible to so apply or petition and that the person
289	289	understands that for the purposes of this subsection the person
290	290	must apply or petition on or before:
291	291	(1) the first anniversary of the date of the person's
292	292	enrollment at the institution if a formal process exists for the
293	293	person to apply or petition to legalize immigration status without
294	294	risk of deportation; or
295	295	(2) the first anniversary of the date the United
296	296	States Citizenship and Immigration Services provides such a process
297	297	if Subdivision (1) does not apply to the person when the person
298	298	applies for resident status.
299	299	(c) To retain resident status established in accordance
300	300	with rules adopted under Section 54.052(a-1), a person who files an
301	301	affidavit as permitted by Subsection (b) must submit to the
302	302	institution of higher education, not later than the 30th day after
303	303	the federal application or petition is filed, appropriate
304	304	documentation that the person has timely filed an application or
305	305	petition with the United States Citizenship and Immigration
306	306	Services to legalize the person's immigration status.
307	307	(d) An institution of higher education shall maintain in a
308	308	person's student records a copy of each document submitted by the
309	309	person under this section.
310	310	(e) A person is not prohibited by Section 51.954 from
311	311	receiving state financial aid, including a scholarship, if the
312	312	person:
313	313	(1) is considered to be a resident of this state under
314	314	Section 54.052; and
315	315	(2) submits the appropriate documentation required by
316	316	Subsection (a)(3)(C)(i) or (ii).
317	317	(d) The Texas Higher Education Coordinating Board shall
318	318	adopt any rules necessary under Section 51.954, Education Code, as
319	319	added by this section, relating to requiring lawful presence in the
320	320	United States as a condition for receiving state educational
321	321	benefits and paying tuition and fees at resident rates, and any
322	322	rules necessary to carry out the purposes of Sections 54.052 and
323	323	54.053, Education Code, as amended by this section, relating to the
324	324	establishment of resident status, as soon as practicable after the
325	325	effective date of this Act. For that purpose, the coordinating
326	326	board may adopt the initial rules in the manner provided by law for
327	327	emergency rules.
328	328	(e) Section 51.954, Education Code, as added by this
329	329	section, applies beginning with state educational benefits and
330	330	tuition and fee rates for the 2009 fall semester.
331	331	SECTION 3.02. (a) Title 10, Government Code, is amended by
332	332	adding Subtitle H to read as follows:
333	333	SUBTITLE H. PROVISION OF PUBLIC BENEFITS BY STATE AND LOCAL
334	334	GOVERNMENTS
335	335	CHAPTER 2351. VERIFICATION OF ELIGIBILITY FOR PUBLIC BENEFITS
336	336	SUBCHAPTER A. GENERAL PROVISIONS
337	337	Sec. 2351.001. DEFINITIONS. In this chapter:
338	338	(1) "Federal public benefit" has the meaning assigned
339	339	by 8 U.S.C. Section 1611.
340	340	(2) "Governmental entity" means an agency of this
341	341	state or of a political subdivision of this state.
342	342	(3) "Public benefit" means a federal, state, or local
343	343	public benefit.
344	344	(4) "State or local public benefit" has the meaning
345	345	assigned by 8 U.S.C. Section 1621.
346	346	Sec. 2351.002. CONFLICTS WITH OTHER LAW. To the extent of a
347	347	conflict between this chapter and federal law, including the
348	348	federal Deficit Reduction Act of 2005 (Pub. L. No. 109-171), the
349	349	federal law prevails.
350	350	[Sections 2351.003-2351.050 reserved for expansion]
351	351	SUBCHAPTER B. VERIFICATION OF APPLICANTS' LEGAL PRESENCE AND
352	352	ELIGIBILITY FOR PUBLIC BENEFITS
353	353	Sec. 2351.051. COMPLIANCE WITH SUBCHAPTER REQUIRED BEFORE
354	354	PROVIDING PUBLIC BENEFITS. A governmental entity may not provide a
355	355	public benefit to an individual until the governmental entity
356	356	complies with this subchapter.
357	357	Sec. 2351.052. VERIFICATION OF LAWFUL PRESENCE OF APPLICANT
358	358	FOR PUBLIC BENEFITS REQUIRED. (a) Except as provided by Section
359	359	2351.053 or federal law, a governmental entity that administers a
360	360	public benefit shall verify that an applicant for the public
361	361	benefit who is 14 years of age or older is lawfully present in the
362	362	United States.
363	363	(b) The governmental entity shall implement Subsection (a)
364	364	without regard to the applicant's race, religion, gender,
365	365	ethnicity, or national origin.
366	366	(c) As verification of the applicant's lawful presence in
367	367	the United States, the applicant shall execute an affidavit before
368	368	a notary swearing that the applicant is:
369	369	(1) a United States citizen or other United States
370	370	national; or
371	371	(2) a qualified alien, as defined by 8 U.S.C. Section
372	372	1641, and is lawfully present in the United States.
373	373	(d) The governmental entity shall provide free notary
374	374	public services to an applicant for a public benefit for purposes of
375	375	this section.
376	376	Sec. 2351.053. EXEMPTION FROM REQUIREMENT TO VERIFY LAWFUL
377	377	PRESENCE OF CERTAIN APPLICANTS. A governmental entity is not
378	378	required under Section 2351.052 to verify the lawful presence in
379	379	the United States of an applicant if the applicant is applying for
380	380	any of the following public benefits:
381	381	(1) a health care item or service that:
382	382	(A) is necessary to treat an emergency medical
383	383	condition, as defined by 42 U.S.C. Section 1396b(v)(3), of the
384	384	applicant; and
385	385	(B) is not related to an organ transplant
386	386	procedure;
387	387	(2) short-term, noncash, in-kind emergency disaster
388	388	relief;
389	389	(3) public health assistance for immunizations or for
390	390	testing and treatment of a symptom of a communicable disease,
391	391	regardless of whether the symptom is caused by a communicable
392	392	disease;
393	393	(4) a program, service, or other assistance, including
394	394	crisis counseling and intervention, short-term shelter, and
395	395	assistance provided through a soup kitchen, that:
396	396	(A) is specified by the United States attorney
397	397	general in the attorney general's sole and unreviewable discretion
398	398	after consultation with appropriate federal agencies;
399	399	(B) delivers in-kind assistance at the community
400	400	level, including through a public or private nonprofit agency;
401	401	(C) does not condition the provision of
402	402	assistance, the amount of assistance provided, or the cost of the
403	403	assistance provided on the recipient's income or resources; and
404	404	(D) is necessary for the protection of life or
405	405	safety; or
406	406	(5) any other public benefit for which lawful presence
407	407	in the United States is not required by:
408	408	(A) a federal or state law or regulation; or
409	409	(B) a local order or ordinance.
410	410	Sec. 2351.054. VERIFICATION OF ELIGIBILITY OF CERTAIN
411	411	APPLICANTS FOR PUBLIC BENEFITS REQUIRED. (a) A governmental
412	412	entity shall verify the eligibility of an applicant for a public
413	413	benefit who executes an affidavit under Section 2351.052 for that
414	414	public benefit using:
415	415	(1) the Systematic Alien Verification for
416	416	Entitlements (SAVE) program operated by the United States
417	417	Department of Homeland Security; or
418	418	(2) an equivalent program designated by that
419	419	department.
420	420	(b) A governmental entity shall presume that an applicant
421	421	for a public benefit who executes an affidavit under Section
422	422	2351.052 is lawfully present in the United States for purposes of
423	423	this subchapter until the governmental entity verifies the
424	424	applicant's eligibility in the manner required by Subsection (a).
425	425	Sec. 2351.055. ALTERNATE PROCEDURES FOR EFFICIENCY OR TO
426	426	REDUCE HARDSHIP AUTHORIZED. A governmental entity may adopt rules
427	427	that provide procedures that vary from the requirements of this
428	428	subchapter if the governmental entity's procedures:
429	429	(1) demonstrably improve efficiency or reduce delay in
430	430	verifying that an applicant is eligible for a public benefit, as
431	431	compared to the requirements of this subchapter; or
432	432	(2) apply only for an applicant who is a legal resident
433	433	of this state and with respect to whom the governmental entity
434	434	determines that the requirements of this subchapter would impose an
435	435	unusual hardship because of the applicant's circumstances.
436	436	[Sections 2351.056-2351.100 reserved for expansion]
437	437	SUBCHAPTER C. REPORTING REQUIREMENTS
438	438	Sec. 2351.101. REPORTING OF ERRORS AND DELAYS. (a) A
439	439	governmental entity shall monitor the occurrence of errors made,
440	440	and any significant delays caused, by the eligibility verification
441	441	program used under Section 2351.054.
442	442	(b) Not later than December 1 of each year, the governmental
443	443	entity shall submit a report to the United States Department of
444	444	Homeland Security regarding the occurrence during the previous year
445	445	of errors and delays described by Subsection (a). The report must
446	446	include:
447	447	(1) a determination of whether the eligibility
448	448	verification program is wrongfully denying public benefits to
449	449	individuals who are lawfully present in the United States; and
450	450	(2) recommendations for ensuring that the errors and
451	451	delays do not continue to occur.
452	452	(c) The governmental entity shall make the report submitted
453	453	under Subsection (b) available to the public.
454	454	Sec. 2351.102. ANNUAL COMPLIANCE REPORT. Not later than
455	455	December 1 of each year, each governmental entity that administers
456	456	a state or local public benefit shall submit to the governor,
457	457	lieutenant governor, and the speaker of the house of
458	458	representatives a report regarding the governmental entity's
459	459	compliance with this chapter.
460	460	[Sections 2351.103-2351.150 reserved for expansion]
461	461	SUBCHAPTER D. ENFORCEMENT
462	462	Sec. 2351.151. CRIMINAL PENALTY FOR FRAUDULENT AFFIDAVIT.
463	463	(a) An individual commits an offense if the individual knowingly
464	464	makes a false or otherwise fraudulent statement in an affidavit
465	465	executed under Section 2351.052.
466	466	(b) An offense under this section is a state jail felony.
467	467	(c) If conduct that constitutes an offense under this
468	468	section also constitutes an offense under any other law, the actor
469	469	may be prosecuted under this section or the other law.
470	470	Sec. 2351.152. REPORTING OF FEDERAL CRIMINAL CONDUCT. If
471	471	an applicant for a public benefit submits to a governmental entity
472	472	an affidavit executed under Section 2351.052 containing a statement
473	473	that constitutes a false and wilful representation of United States
474	474	citizenship under 18 U.S.C. Section 911, the governmental entity
475	475	shall report that conduct to the United States attorney for the
476	476	district in which the affidavit was submitted.
477	477	(b) Subtitle H, Title 10, Government Code, as added by this
478	478	section, applies to an application for a federal, state, or local
479	479	public benefit that is pending or filed on or after the effective
480	480	date of this Act.
481	481	(c) If before implementing any provision of this section a
482	482	state agency determines that a waiver or authorization from a
483	483	federal agency is necessary for implementation of that provision,
484	484	the agency affected by the provision shall request the waiver or
485	485	authorization and may delay implementing that provision until the
486	486	waiver or authorization is granted.
487	487	ARTICLE 4. ENFORCEMENT OF FEDERAL IMMIGRATION LAWS AND OTHER LAWS
488	488	RELATING TO IMMIGRANTS
489	489	SECTION 4.01. (a) Chapter 2, Code of Criminal Procedure, is
490	490	amended by adding Article 2.245 to read as follows:
491	491	Art. 2.245. SHERIFF OR OTHER OFFICER TO DETERMINE
492	492	IMMIGRATION STATUS OF CERTAIN DEFENDANTS. (a) In this section,
493	493	"intoxication offense" means an offense under Section 49.04, 49.05,
494	494	49.06, or 49.065, Penal Code.
495	495	(b) The sheriff or any other officer in charge of a
496	496	correctional facility in which a defendant is confined awaiting
497	497	trial for a felony or an intoxication offense shall immediately, on
498	498	receiving the defendant, make a reasonable effort to determine the
499	499	defendant's citizenship status.
500	500	(c) If the sheriff or other officer has reason to believe
501	501	the defendant is a foreign national, the sheriff or officer shall
502	502	make a reasonable effort to verify that:
503	503	(1) the defendant has been lawfully admitted to the
504	504	United States; and
505	505	(2) if lawfully admitted, the defendant's lawful
506	506	status has not expired.
507	507	(d) If the sheriff or other officer cannot verify the
508	508	defendant's immigration status under Subsection (c) from documents
509	509	in the defendant's possession, the sheriff or other officer, not
510	510	later than 48 hours after the defendant is received at the
511	511	correctional facility, shall contact the Law Enforcement Support
512	512	Center of the United States Department of Homeland Security, or
513	513	other office or agency designated for that purpose by the
514	514	Department of Homeland Security, to verify the defendant's
515	515	immigration status.
516	516	(e) The sheriff or other officer shall notify the judge or
517	517	magistrate authorized to grant or deny the defendant's release on
518	518	bail under Chapter 17 and the Department of Homeland Security if the
519	519	sheriff or officer determines that:
520	520	(1) the defendant was not lawfully admitted to the
521	521	United States; or
522	522	(2) although lawfully admitted, the defendant's lawful
523	523	status has expired.
524	524	(f) The Commission on Jail Standards shall prepare and issue
525	525	guidelines and procedures to ensure compliance with this section.
526	526	(b) Chapter 17, Code of Criminal Procedure, is amended by
527	527	adding Article 17.153 to read as follows:
528	528	Art. 17.153. BAIL FOR CERTAIN IMMIGRANTS. If under Article
529	529	2.245 a sheriff or other officer notifies a judge or magistrate that
530	530	a defendant was not lawfully admitted to the United States or that,
531	531	although lawfully admitted, the defendant's lawful status has
532	532	expired, there is a rebuttable presumption at any proceeding before
533	533	the judge or magistrate concerning the defendant's release on bail
534	534	that the defendant is at risk of flight.
535	535	(c) Article 2.245, Code of Criminal Procedure, as added by
536	536	this section, applies only to a defendant admitted to a
537	537	correctional facility on or after the effective date of this Act. A
538	538	defendant admitted to a correctional facility before the effective
539	539	date of this Act is covered by the law in effect on the date the
540	540	defendant was admitted, and the former law is continued in effect
541	541	for that purpose.
542	542	SECTION 4.02. Subchapter D, Chapter 411, Government Code,
543	543	is amended by adding Section 411.0422 to read as follows:
544	544	Sec. 411.0422. FRAUDULENT IDENTIFICATION UNIT. (a) The
545	545	director shall create a fraudulent identification unit to be
546	546	operated by the department.
547	547	(b) The fraudulent identification unit shall investigate
548	548	and arrest individuals determined to have committed offenses
549	549	involving the production, sale, or distribution of fraudulent
550	550	documents or instruments that purport to contain a person's
551	551	identifying information. The unit shall primarily focus on the
552	552	investigation of the production of fraudulent documents or
553	553	instruments for use by individuals who are unlawfully present in
554	554	this state.
555	555	(c) The department shall employ sufficient personnel to
556	556	maintain efficient operation of the unit.
557	557	SECTION 4.03. Section 421.071, Government Code, is amended
558	558	to read as follows:
559	559	Sec. 421.071. COOPERATION AND ASSISTANCE; IMMIGRATION. (a)
560	560	A state or local agency that performs a homeland security activity
561	561	or a nongovernmental entity that contracts with a state or local
562	562	agency to perform a homeland security activity shall cooperate with
563	563	and assist the office of the governor, the Homeland Security
564	564	Council, the Texas Infrastructure Protection Communications
565	565	Center, and the National Infrastructure Protection Center in the
566	566	performance of their duties under this chapter and other state or
567	567	federal law.
568	568	(b) A local agency may not adopt a rule, policy, or
569	569	ordinance that limits or prohibits an agency official, employee, or
570	570	law enforcement officer from communicating or cooperating with
571	571	federal officials with regard to the immigration status of an
572	572	individual in this state.
573	573	(c) Notwithstanding any other provision of law, a state or
574	574	local agency in this state may not prohibit or in any way restrict
575	575	an agency official, employee, or law enforcement officer from:
576	576	(1) maintaining information regarding the citizenship
577	577	or immigration status of an individual; or
578	578	(2) sending to or receiving from the United States
579	579	Department of Homeland Security or any other governmental agency
580	580	the information described by Subdivision (1).
581	581	(d) A resident of this state may bring an action in a
582	582	district court alleging a violation of Subsection (b) or (c) to
583	583	compel a state or local agency to comply with Subsection (b) or (c)
584	584	or with 8 U.S.C. Section 1373.
585	585	SECTION 4.04. Subchapter Z, Chapter 421, Government Code,
586	586	is amended by adding Section 421.902 to read as follows:
587	587	Sec. 421.902. IMMIGRATION ENFORCEMENT. (a) Subject to
588	588	approval by the governor, the attorney general of this state shall
589	589	enter into an agreement under 8 U.S.C. Section 1357(g) with the
590	590	United States Office of the Attorney General or other appropriate
591	591	federal agency relating to the enforcement by this state of federal
592	592	immigration and customs laws in this state, including detentions,
593	593	removals, and investigations.
594	594	(b) The agreement entered into under Subsection (a) shall be
595	595	signed on behalf of this state by the attorney general of this state
596	596	and the governor or as otherwise required by the appropriate
597	597	federal agency.
598	598	SECTION 4.05. Chapter 20A, Penal Code, is amended by adding
599	599	Section 20A.03 to read as follows:
600	600	Sec. 20A.03. UNLAWFUL TRANSPORT OR CONCEALMENT OF ILLEGAL
601	601	ALIEN. (a) In this section, "illegal alien" means a person who:
602	602	(1) is not a citizen or national of the United States;
603	603	and
604	604	(2) is unlawfully present in the United States
605	605	according to the terms of 8 U.S.C. Section 1101 et seq.
606	606	(b) A person commits an offense if the person, with
607	607	recklessness as to another person's status as an illegal alien:
608	608	(1) transports the illegal alien in furtherance of the
609	609	alien's unlawful presence in the United States; or
610	610	(2) conceals the illegal alien from detection by
611	611	local, state, or federal law enforcement authorities.
612	612	(c) An offense under this section is a state jail felony.
613	613	(d) If conduct constituting an offense under this section
614	614	also constitutes an offense under another section of this code, the
615	615	actor may be prosecuted under either section.
616	616	(e) It is an exception to the application of Subsection
617	617	(b)(1) that the offense occurred in the provision of:
618	618	(1) a state or local public benefit described in 8
619	619	U.S.C. Section 1621(b); or
620	620	(2) regulated public health services by a private
621	621	charity using private funds.
622	622	ARTICLE 5. EFFECTIVE DATE
623	623	SECTION 5.01. This Act takes effect September 1, 2009.