81R25342 BEF-D By: Zerwas, Bonnen, Flynn, Sheffield, et al. H.B. No. 276 Substitute the following for H.B. No. 276: By: Solomons C.S.H.B. No. 276 A BILL TO BE ENTITLED AN ACT relating to the requirement that state agencies report the cost of services and benefits provided to undocumented immigrants. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 2101, Government Code, is amended by adding Section 2101.016 to read as follows: Sec. 2101.016. REPORT OF SERVICES AND BENEFITS PROVIDED TO UNDOCUMENTED IMMIGRANTS. (a) In this section, "undocumented immigrant" means an individual who is not: (1) a United States citizen; (2) a legal permanent resident of the United States; or (3) a qualified alien or nonimmigrant under the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) who is legally present in the United States. (b) Not later than December 31 of each year, each state agency shall submit to the comptroller a report of the cost of services and benefits provided to undocumented immigrants, with the agency determining the extent to which undocumented immigrants are served by the agency by: (1) considering statements and other information provided by the recipient of a service or benefit that identifies the recipient as an undocumented immigrant, including place of birth, registration with the Social Security Administration to the extent that information may be lawfully obtained, and work history; or (2) using an aggregated statistical method developed by the agency if it is not practical for the agency to directly determine whether each recipient of a service or benefit is an undocumented immigrant. (c) The comptroller shall use the information reported under Subsection (b) to produce a biennial report to the legislature regarding the estimated financial impact of undocumented immigrants on the state budget and economy. (d) A report under this section must be produced using aggregated statistical data that does not contain personally identifiable information. Information sought for the preparation of a report under this section may not violate any federal or state laws, including rules, regarding privacy. SECTION 2. Section 2101.016, Government Code, as added by this Act, applies only in relation to an application for a service or benefit that is made on or after the effective date of this Act. SECTION 3. This Act takes effect September 1, 2009.