Texas 2009 - 81st Regular

Texas House Bill HB4132 Compare Versions

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

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1	1	81R4253 KSD-F
2	2	By: Chisum H.B. No. 4132
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment and administration of the Texas
8	8	Essential Workers Program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 4, Labor Code, is amended by
11	11	adding Chapter 312 to read as follows:
12	12	CHAPTER 312. TEXAS ESSENTIAL WORKERS PROGRAM
13	13	Sec. 312.001. PURPOSE. The purpose of this chapter is to
14	14	develop and establish, in collaboration with the federal
15	15	government, a Texas Essential Workers Program to provide an
16	16	adequate, legal, and stable workforce for employers in this state
17	17	who are experiencing a critical shortage in the availability of
18	18	qualified workers, particularly in the industries of ranching,
19	19	farming, dairy, food manufacturing, construction, landscaping, and
20	20	restaurant and hotel services. The enactment of this chapter
21	21	represents an effort to:
22	22	(1) recognize the need for additional workers in
23	23	workforce shortage industries in this state;
24	24	(2) eliminate the exploitation of undocumented
25	25	workers in this state;
26	26	(3) ensure the payment of taxes by all employers and
27	27	employees in this state;
28	28	(4) increase national security in and the fiscal
29	29	resources of this state; and
30	30	(5) improve the overall economy of this state.
31	31	Sec. 312.002. DEFINITIONS. In this chapter:
32	32	(1) "Department" means the Department of Public Safety
33	33	of the State of Texas.
34	34	(2) "Eligible employer" means a person who:
35	35	(A) employs one or more employees in a workforce
36	36	shortage industry in this state; and
37	37	(B) for a period of at least 30 days has been
38	38	unable to find a sufficient number of qualified workers who are
39	39	authorized to be employed in the United States to meet the
40	40	employer's workforce needs.
41	41	(3) "Foreign worker" means a person who is approved by
42	42	the commission as eligible to provide labor to a participating
43	43	eligible employer under the program.
44	44	(4) "Program" means the Texas Essential Workers
45	45	Program established under this chapter.
46	46	(5) "Workforce shortage industry" means the
47	47	agriculture and dairy industries and other industries in this state
48	48	designated by the commission under this chapter as experiencing a
49	49	critical shortage in the availability of workers.
50	50	Sec. 312.003. RULES. The commission shall adopt rules
51	51	necessary to administer this chapter.
52	52	Sec. 312.004. PROGRAM ESTABLISHMENT AND ADMINISTRATION.
53	53	(a) The commission shall establish and administer the Texas
54	54	Essential Workers Program to enable participating eligible
55	55	employers to employ qualified foreign workers. In establishing the
56	56	program, the commission shall conduct outreach to and solicit
57	57	information from employers in this state to determine:
58	58	(1) which industries should be designated as workforce
59	59	shortage industries under this chapter; and
60	60	(2) the number of foreign workers that would be
61	61	sufficient to meet the workforce needs of employers in those
62	62	industries.
63	63	(b) Based on the commission's findings under Subsection
64	64	(a), the commission shall petition the federal government for the
65	65	temporary admission into this country under H2-A and H2-B visas of a
66	66	sufficient number of foreign workers to meet the workforce needs of
67	67	eligible employers in this state.
68	68	(c) As a part of the program, the commission shall:
69	69	(1) establish a system for the recruitment and
70	70	referral of local workers for available workforce shortage industry
71	71	jobs in this state; and
72	72	(2) require participating eligible employers to
73	73	attempt to hire employees using that system before hiring foreign
74	74	workers.
75	75	(d) To the extent permitted by federal law, the commission,
76	76	the governor, and the secretary of state may jointly enter into
77	77	agreements between this state and foreign countries to facilitate
78	78	the recruitment and selection of eligible foreign workers for
79	79	participation in the program and the approval for participation in
80	80	the program of the workers by participating eligible employers.
81	81	The commission shall:
82	82	(1) prescribe eligibility criteria for any person
83	83	recruiting foreign workers under the program; and
84	84	(2) maintain a list of recruiters approved by the
85	85	commission as satisfying that criteria.
86	86	Sec. 312.005. REQUIREMENTS FOR PARTICIPATING ELIGIBLE
87	87	EMPLOYERS. (a) To participate in the program, an eligible employer
88	88	must:
89	89	(1) submit to the commission:
90	90	(A) an application, in the form and manner
91	91	prescribed by the commission; and
92	92	(B) a signed, sworn affidavit attesting that
93	93	during the 30-day period immediately preceding the date of the
94	94	employer's application, the employer was unable to find a
95	95	sufficient number of qualified workers authorized to work in the
96	96	United States to meet the employer's workforce needs; and
97	97	(2) pay a fee in the amount prescribed by the
98	98	commission.
99	99	(b) The application prescribed by the commission under
100	100	Subsection (a) must require the employer to provide:
101	101	(1) the employer's name, address, federal income tax
102	102	identification number, and industry;
103	103	(2) a detailed description of:
104	104	(A) the workforce shortage the employer is
105	105	experiencing; and
106	106	(B) the measures the employer has taken to
107	107	identify and recruit local workers equipped with the skills
108	108	necessary to meet the employer's workforce needs; and
109	109	(3) any other information the commission considers
110	110	appropriate.
111	111	(c) The commission shall review an employer's application
112	112	and, not later than the 30th day after the date the commission
113	113	receives the application, notify the employer regarding whether the
114	114	commission has approved the employer's application for
115	115	participation in the program.
116	116	(d) On receipt of notice from the commission that the
117	117	commission has approved the employer's application, a
118	118	participating eligible employer, subject to any limitations or
119	119	requirements prescribed by this chapter or rules adopted under this
120	120	chapter, may:
121	121	(1) recruit foreign workers at any United States
122	122	consulate; and
123	123	(2) enter into employment contracts for the temporary
124	124	employment of foreign workers.
125	125	(e) An employment contract between a participating eligible
126	126	employer and a foreign worker must provide that the worker will be
127	127	employed for at least three-fourths of each work day during the
128	128	contract period.
129	129	(f) Each participating employer who employs a foreign
130	130	worker under the program shall:
131	131	(1) provide the worker a copy of the employment
132	132	contract between the employer and the worker in the worker's native
133	133	language;
134	134	(2) pay the worker at least twice each month;
135	135	(3) pay wages to the worker that are in compliance with
136	136	the federal Immigration Reform and Control Act of 1986 (8 U.S.C.
137	137	Section 1101 et seq.);
138	138	(4) provide to the worker, without charge:
139	139	(A) housing that meets safety and health
140	140	standards established by federal law;
141	141	(B) transportation between the worker's local
142	142	housing and the worksite;
143	143	(C) workers' compensation coverage; and
144	144	(D) all tools, supplies, and equipment required
145	145	to perform the worker's assigned duties;
146	146	(5) provide to the worker:
147	147	(A) three low-cost meals each day, the cost of
148	148	which must be disclosed in the worker's employment contract; or
149	149	(B) free cooking and kitchen facilities;
150	150	(6) make available to the worker English as a second
151	151	language classes;
152	152	(7) after the expiration of half of the worker's
153	153	employment contract period, promptly reimburse the worker for any
154	154	costs incurred by the worker for transportation and subsistence
155	155	from the site of recruitment to the employer's place of employment;
156	156	(8) after the expiration of the worker's employment
157	157	contract, promptly pay for the costs of return transportation and
158	158	subsistence to the site of the worker's recruitment; and
159	159	(9) provide any other employees of the employer who
160	160	perform the same job as the foreign worker with the same benefits,
161	161	wages, and working conditions as the employer provides the foreign
162	162	worker.
163	163	(g) The commission may inspect housing described by
164	164	Subsection (f)(4)(A).
165	165	Sec. 312.006. FOREIGN WORKER APPLICATION. The commission
166	166	shall prescribe the form and content of an application to be used by
167	167	any person seeking to participate in the program as a foreign
168	168	worker. The application must require the applicant to provide the
169	169	applicant's name, photograph, fingerprints, and any other
170	170	information the commission considers appropriate.
171	171	Sec. 312.007. PARTICIPATION REQUIREMENTS FOR FOREIGN
172	172	WORKER. (a) To be eligible to participate in the program as a
173	173	foreign worker, a person must:
174	174	(1) complete a foreign worker application at the
175	175	United States consulate in the person's country of origin;
176	176	(2) be approved by the commission after passing:
177	177	(A) a criminal history record information check
178	178	conducted by the appropriate authorities in the person's country of
179	179	origin; and
180	180	(B) a federal and state criminal history record
181	181	information check conducted by the department under Section
182	182	312.009; and
183	183	(3) have been issued a current H2-A or H2-B visa.
184	184	(b) For purposes of Subsection (a)(2)(A), the employer
185	185	seeking to hire the person must obtain a copy of the results of the
186	186	criminal history record information check conducted by the
187	187	appropriate authorities in the person's country of origin and
188	188	submit the results to the commission. The employer shall pay any
189	189	fee charged for obtaining that information.
190	190	(c) A person may not participate in the program as a foreign
191	191	worker if the person has been convicted of:
192	192	(1) any crime in the United States; or
193	193	(2) a crime in the foreign worker's country of origin
194	194	that would have been classified as a Class A misdemeanor or a felony
195	195	in this state.
196	196	(d) A participating foreign worker may not file for or
197	197	receive unemployment insurance benefits.
198	198	Sec. 312.008. FOREIGN WORKER FAMILY MEMBERS. (a) A family
199	199	member of a foreign worker may participate in the program only if
200	200	the family member meets the requirements of Section 312.007.
201	201	(b) A foreign worker may not transport a family member into
202	202	this state unless the family member has proper federal
203	203	authorization.
204	204	Sec. 312.009. CRIMINAL HISTORY RECORD INFORMATION CHECK.
205	205	The department shall conduct a state and federal criminal history
206	206	record information check to determine the eligibility of each
207	207	person who applies to participate in the program as a foreign
208	208	worker. The employer seeking to employ the person shall be charged
209	209	a fee for the criminal history record information check.
210	210	Sec. 312.010. ISSUANCE OF TEMPORARY WORKER LEGAL
211	211	IDENTIFICATION CARDS TO FOREIGN WORKERS BY DEPARTMENT. (a) The
212	212	department shall issue to each foreign worker a temporary worker
213	213	legal identification card under this section. The identification
214	214	card must:
215	215	(1) be non-forgeable;
216	216	(2) indicate the date on which the foreign worker's
217	217	authorized presence in this state expires; and
218	218	(3) meet any other requirements prescribed by federal
219	219	law.
220	220	(b) The department shall prescribe the fee for the issuance
221	221	of an identification card under this section. The fee shall be paid
222	222	by the participating eligible employer who employs the foreign
223	223	worker.
224	224	(c) The identification card shall be issued to the
225	225	participating eligible employer employing the foreign worker who
226	226	shall then provide the card to the foreign worker. A
227	227	participating employer shall return the identification card to the
228	228	department as soon as practicable after:
229	229	(1) the date the foreign worker's approved presence in
230	230	this state expires; or
231	231	(2) the date the employer revokes the identification
232	232	card from the worker under Subsection (d).
233	233	(d) A participating eligible employer shall revoke the
234	234	identification card of a foreign worker employed by the employer
235	235	if:
236	236	(1) the foreign worker is absent from work without
237	237	approval for more than 13 consecutive days;
238	238	(2) the employer is unable to locate the foreign
239	239	worker for more than six days;
240	240	(3) the employer determines that the foreign worker
241	241	has traveled outside of this state;
242	242	(4) the foreign worker is convicted of a crime in this
243	243	state;
244	244	(5) the foreign worker is no longer employed by the
245	245	employer; or
246	246	(6) the foreign worker gives, sells, or lends the
247	247	worker's identification card to another person for the purpose of
248	248	obtaining employment.
249	249	(e) A participating eligible employer who fails to return an
250	250	identification card to the department as required by Subsection (c)
251	251	is ineligible to participate in the program.
252	252	(f) The department shall maintain a database of foreign
253	253	workers to whom the department has issued an identification card
254	254	under this section.
255	255	(g) Any essential documents provided to a foreign worker by
256	256	the department must be provided in the foreign worker's native
257	257	language.
258	258	(h) An identification card issued under this section is
259	259	valid for two years. The department shall adopt a procedure for the
260	260	renewal of an identification card issued under this section.
261	261	(i) The department, in consultation with the commission,
262	262	shall adopt rules for the administration of this section.
263	263	SECTION 2. (a) The Texas Workforce Commission and
264	264	Department of Public Safety of the State of Texas may implement
265	265	Chapter 312, Labor Code, as added by this Act, only if the federal
266	266	government authorizes this state to implement an essential workers
267	267	program or similar program.
268	268	(b) If the federal government authorizes this state to
269	269	implement an essential workers program or similar program, the
270	270	Texas Workforce Commission and Department of Public Safety of the
271	271	State of Texas, as soon as practicable after the date the program is
272	272	authorized, shall adopt rules for the administration of Chapter
273	273	312, Labor Code, as added by this Act.
274	274	(c) The attorney general shall monitor federal legislation
275	275	for the purposes of this section.
276	276	SECTION 3. This Act takes effect September 1, 2009.