Texas 2009 - 81st Regular

Texas House Bill HB3949 Compare Versions

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

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1	1	By: Solomons H.B. No. 3949
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the requirement that applicants for certain licenses be
7	7	eligible for employment in the United States.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 2, Occupations Code, is amended by adding
10	10	Chapter 60 to read as follows:
11	11	CHAPTER 60. EMPLOYMENT ELIGIBILITY IN UNITED STATES REQUIRED FOR
12	12	BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSE
13	13	Sec. 60.001. DEFINITIONS. In this chapter:
14	14	(1) "Employment eligibility" means eligibility for
15	15	employment in the United States.
16	16	(2) "License" means a license that:
17	17	(A) is issued by a licensing authority; and
18	18	(B) an individual must obtain to engage in a
19	19	particular business, occupation, or profession.
20	20	(3) "Licensing authority" means a department,
21	21	commission, board, office, or other agency of this state or a
22	22	political subdivision of this state that issues a license.
23	23	(4) "Verify" means to examine a document to determine
24	24	if it appears to be valid on its face.
25	25	Sec. 60.0015. EXCEPTIONS. (a) This chapter does not apply
26	26	to a license issued under:
27	27	(1) Alcoholic Beverage Code, Chapter 63;
28	28	(2) Occupations Code, Chapter 155.005;
29	29	(3) Occupations Code, Chapter 155.006;
30	30	(4) Occupations Code, Chapter 1601.260;
31	31	(5) Occupations Code, Chapter 1602.266; or
32	32	(6) Occupations Code, Chapter 2052.
33	33	(7) an applicant for a horse or greyhound license
34	34	under the authority of the Texas Racing Act Article 179(e),
35	35	Vernon's Texas Civil Statutes.
36	36	(b) Notwithstanding any other provision of this chapter,
37	37	the Texas Board of Nursing may:
38	38	(1) allow an applicant for a license under Chapter 301
39	39	to apply for the license and take an examination before
40	40	establishing employment eligibility in the United States; and
41	41	(2) provisionally approve an application for a license
42	42	under Chapter 301 submitted by an applicant who meets all the
43	43	license requirements other than employment eligibility in the
44	44	United States and delay issuing the license until the applicant
45	45	establishes employment eligibility in the United States.
46	46	(c) Notwithstanding any other provision of this chapter, an
47	47	applicant whose occupation requires a license from both a state and
48	48	a political subdivision licensing authority, shall provide
49	49	documents to prove employment eligibility to the state licensing
50	50	authority only.
51	51	Sec. 60.002. EMPLOYMENT ELIGIBILITY REQUIRED. (a) An
52	52	applicant for a license must establish employment eligibility if
53	53	the applicant is:
54	54	(1) applying for an original license; or
55	55	(2) renewing a license and the applicant has not
56	56	previously established employment eligibility.
57	57	(b) The licensing authority may not issue a license to an
58	58	applicant or renew an applicant's license unless the applicant
59	59	establishes employment eligibility as required by Subsection (a).
60	60	Sec. 60.003. DOCUMENTS THAT ESTABLISH EMPLOYMENT
61	61	ELIGIBILITY. (a) To establish employment eligibility, an
62	62	applicant shall provide to the licensing authority for inspection
63	63	an original, copy, or a receipt of replacement for:
64	64	(1) one of the following documents:
65	65	(A) a United States passport, unexpired or
66	66	expired;
67	67	(B) a Certificate of United States Citizenship;
68	68	(C) a Certificate of Naturalization;
69	69	(D) an unexpired foreign passport, with I-551
70	70	stamp or attached Form I-94 indicating unexpired employment
71	71	authorization;
72	72	(E) a Permanent Resident Card or Alien
73	73	Registration Receipt Card with photograph;
74	74	(F) an unexpired Temporary Resident Card;
75	75	(G) an unexpired Employment Authorization Card;
76	76	(H) an unexpired reentry permit;
77	77	(I) an unexpired Refugee Travel Document; or
78	78	(J) an unexpired Employment Authorization
79	79	Document issued by the United States Department of Homeland
80	80	Security that contains a photograph; or
81	81	(2) two documents as follows:
82	82	(A) one document listed in this paragraph:
83	83	(i) a driver's license or identification
84	84	card that is issued by a state or outlying possession of the United
85	85	States and that contains the applicant's photograph or information,
86	86	including the applicant's name, date of birth, sex, height, eye
87	87	color, and address;
88	88	(ii) an identification card that is issued
89	89	by a federal, state, or local government agency and that contains
90	90	the applicant's photograph or information, including the
91	91	applicant's name, date of birth, sex, height, eye color, and
92	92	address;
93	93	(iii) a voter registration certificate;
94	94	(iv) a United States military card or draft
95	95	record;
96	96	(v) a military dependent's identification
97	97	card;
98	98	(vi) a United States Coast Guard Merchant
99	99	Mariner Card;
100	100	(vii) a Native American tribal document; or
101	101	(viii) a driver's license issued by a
102	102	Canadian government authority; and
103	103	(B) one document listed in this paragraph:
104	104	(i) a social security card issued by the
105	105	Social Security Administration, other than a card stating it is not
106	106	valid for employment;
107	107	(ii) a Certification of Birth Abroad issued
108	108	by the United States Department of State;
109	109	(iii) an original or certified copy of a
110	110	birth certificate issued by a state, county, municipality, or
111	111	outlying possession of the United States bearing an official seal;
112	112	(iv) a Native American tribal document;
113	113	(v) a United States Citizen Identification
114	114	Card;
115	115	(vi) an Identification Card for Use of
116	116	Resident Citizen in the United States; or
117	117	(vii) an unexpired Employment
118	118	Authorization Document issued by the United States Department of
119	119	Homeland Security.
120	120	(b) In addition to the documents required by Subsection (a),
121	121	an applicant may establish employment eligibility by submitting to
122	122	the licensing authority a document verifying that the applicant
123	123	provided to their current or most recent employer authentic
124	124	supporting documents to comply with a true and correct Form 1-9.
125	125	(c) Except as provided by this subsection, the documents
126	126	required by Subsection (a) or (b) must be submitted with the license
127	127	application. An applicant who submits an application through the
128	128	TexasOnline system or another electronic means shall submit the
129	129	documents required under Subsection (a) or (b) not later than 30
130	130	days after the date the application is submitted electronically.
131	131	Sec. 60.004. TEMPORARY LICENSE. (a) After an applicant has
132	132	submitted all documents that will be required for a licensing
133	133	authority to verify the applicant's employment eligibility and
134	134	before the licensing authority verifies the applicant's employment
135	135	eligibility, the licensing authority may issue a temporary license
136	136	to the applicant.
137	137	(b) A temporary license under this section expires on the
138	138	21st day after the date the temporary license is issued.
139	139	(c) The licensing authority shall determine the applicant's
140	140	employment eligibility not later than the day the temporary license
141	141	expires.
142	142	Sec. 60.005. AUDIT. A licensing authority may audit some or
143	143	all of the applications submitted to the licensing authority for
144	144	compliance with this chapter, including documents used to establish
145	145	employment eligibility.
146	146	Sec. 60.006. CONFIDENTIALITY. Information provided by an
147	147	applicant under this chapter that is not subject to disclosure
148	148	under other law is confidential and not subject to disclosure under
149	149	Chapter 552, Government Code.
150	150	Sec. 60.007. NONDISCRIMINATION. A licensing authority
151	151	shall implement this chapter without regard to an applicant's race,
152	152	religion, sex, ethnicity, or national origin.
153	153	SECTION 2. The purpose of this Act is to assist in the
154	154	enforcement of 8 U.S.C. Chapter 12.
155	155	SECTION 3. (a) In this section:
156	156	(1) "License" means a license, certificate,
157	157	registration, permit, or other authorization that:
158	158	(A) is issued by a licensing authority; and
159	159	(B) an individual must obtain to engage in a
160	160	particular business, occupation, or profession.
161	161	(2) "Licensing authority" means a department,
162	162	commission, board, office, or other agency of this state or a
163	163	political subdivision of this state that issues a license.
164	164	(b) Each licensing authority shall adopt rules under
165	165	Chapter 60, Occupations Code, as added by this Act, not later than
166	166	January 1, 2010.
167	167	(c) The change in law made by this Act applies only to an
168	168	application for the issuance or renewal of a license that is filed
169	169	with a licensing authority on or after March 1, 2010. An
170	170	application for the issuance or renewal of a license that is filed
171	171	before March 1, 2010, is governed by the law in effect on the date
172	172	the application was filed, and the former law is continued in effect
173	173	for that purpose.
174	174	SECTION 4. This Act takes effect September 1, 2009.