82R5248 KSD-D
By: Zedler H.B. No. 1239
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition against the construction or operation by
a local governmental entity of a day labor center used to facilitate
the employment of aliens not lawfully present in the United States.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 7, Local Government Code, is
amended by adding Chapter 247 to read as follows:
CHAPTER 247. CERTAIN PROHIBITIONS APPLYING TO MORE THAN ONE TYPE OF
LOCAL GOVERNMENT
Sec. 247.001. PROHIBITION AGAINST CONSTRUCTION OR
OPERATION BY LOCAL GOVERNMENTAL ENTITY OF DAY LABOR CENTER THAT
FACILITATES EMPLOYMENT OF ALIENS NOT LAWFULLY PRESENT. (a) In this
section:
(1) "Day laborer" means an individual engaged in or
waiting to be engaged in occasional or irregular labor for which an
individual is generally employed for a period not longer than that
required to complete a specific assignment, and for which wages are
paid directly to the individual or indirectly by a person who
recruits day laborers or a third-party employer for work undertaken
by the individual. The term does not include an individual engaged
in or waiting to be engaged in labor of a professional or clerical
nature.
(2) "Day labor center" means a central facility or
location at which day laborers assemble to find employment. The
term does not include:
(A) a temporary skilled labor agency;
(B) a staff leasing service agency;
(C) an employment counselor;
(D) a talent agency;
(E) an employment service or labor training
program; or
(F) a labor union hiring hall.
(b) A municipality, county, or other local governmental
entity may not use public money to construct or operate a day labor
center used for the purpose of facilitating the knowing employment
of any person 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 lawfully present in the United States.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.