82R2863 EES-D
By: Zedler H.B. No. 2260
A BILL TO BE ENTITLED
AN ACT
relating to verifying the eligibility of applicants for federal,
state, and local public benefits; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 10, Government Code, is amended by adding
Subtitle H to read as follows:
SUBTITLE H. PROVISION OF PUBLIC BENEFITS BY STATE AND LOCAL
GOVERNMENTS
CHAPTER 2351. VERIFICATION OF ELIGIBILITY FOR PUBLIC BENEFITS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2351.001. DEFINITIONS. In this chapter:
(1) "Federal public benefit" has the meaning assigned
by 8 U.S.C. Section 1611.
(2) "Governmental entity" means an agency of this
state or of a political subdivision of this state.
(3) "Public benefit" means a federal, state, or local
public benefit.
(4) "State or local public benefit" has the meaning
assigned by 8 U.S.C. Section 1621.
Sec. 2351.002. CONFLICTS WITH OTHER LAW. To the extent of a
conflict between this chapter and federal law, including the
federal Deficit Reduction Act of 2005 (Pub. L. No. 109-171), the
federal law prevails.
[Sections 2351.003-2351.050 reserved for expansion]
SUBCHAPTER B. VERIFICATION OF APPLICANTS' LEGAL PRESENCE AND
ELIGIBILITY FOR PUBLIC BENEFITS
Sec. 2351.051. COMPLIANCE WITH SUBCHAPTER REQUIRED BEFORE
PROVIDING PUBLIC BENEFITS. A governmental entity may not provide a
public benefit to an individual until the governmental entity
complies with this subchapter.
Sec. 2351.052. VERIFICATION OF LAWFUL PRESENCE OF APPLICANT
FOR PUBLIC BENEFITS REQUIRED. (a) Except as provided by Section
2351.053 or federal law, a governmental entity that administers a
public benefit shall verify that an applicant for the public
benefit who is 14 years of age or older is lawfully present in the
United States.
(b) The governmental entity shall implement Subsection (a)
without regard to the applicant's race, religion, gender,
ethnicity, or national origin.
(c) As verification of the applicant's lawful presence in
the United States, the applicant shall execute an affidavit before
a notary swearing that the applicant is:
(1) a United States citizen or other United States
national; or
(2) a qualified alien, as defined by 8 U.S.C. Section
1641, and is lawfully present in the United States.
(d) The governmental entity shall provide free notary
public services to an applicant for a public benefit for purposes of
this section.
Sec. 2351.053. EXEMPTION FROM REQUIREMENT TO VERIFY LAWFUL
PRESENCE OF CERTAIN APPLICANTS. A governmental entity is not
required under Section 2351.052 to verify the lawful presence in
the United States of an applicant if the applicant is applying for
any of the following public benefits:
(1) a health care item or service that:
(A) is necessary to treat an emergency medical
condition, as defined by 42 U.S.C. Section 1396b(v)(3), of the
applicant; and
(B) is not related to an organ transplant
procedure;
(2) short-term, noncash, in-kind emergency disaster
relief;
(3) public health assistance for immunizations or for
testing and treatment of a symptom of a communicable disease,
regardless of whether the symptom is caused by a communicable
disease;
(4) a program, service, or other assistance, including
crisis counseling and intervention, short-term shelter, and
assistance provided through a soup kitchen, that:
(A) is specified by the United States attorney
general in the attorney general's sole and unreviewable discretion
after consultation with appropriate federal agencies;
(B) delivers in-kind assistance at the community
level, including through a public or private nonprofit agency;
(C) does not condition the provision of
assistance, the amount of assistance provided, or the cost of the
assistance provided on the recipient's income or resources; and
(D) is necessary for the protection of life or
safety; or
(5) any other public benefit for which lawful presence
in the United States is not required by:
(A) a federal or state law or regulation; or
(B) a local order or ordinance.
Sec. 2351.054. VERIFICATION OF ELIGIBILITY OF CERTAIN
APPLICANTS FOR PUBLIC BENEFITS REQUIRED. (a) A governmental
entity shall verify the eligibility of an applicant for a public
benefit who executes an affidavit under Section 2351.052 for that
public benefit using:
(1) the Systematic Alien Verification for
Entitlements (SAVE) program operated by the United States
Department of Homeland Security; or
(2) an equivalent program designated by that
department.
(b) A governmental entity shall presume that an applicant
for a public benefit who executes an affidavit under Section
2351.052 is lawfully present in the United States for purposes of
this subchapter until the governmental entity verifies the
applicant's eligibility in the manner required by Subsection (a).
Sec. 2351.055. ALTERNATE PROCEDURES FOR EFFICIENCY OR TO
REDUCE HARDSHIP AUTHORIZED. A governmental entity may adopt rules
that provide procedures that vary from the requirements of this
subchapter if the governmental entity's procedures:
(1) demonstrably improve efficiency or reduce delay in
verifying that an applicant is eligible for a public benefit, as
compared to the requirements of this subchapter; or
(2) apply only for an applicant who is a legal resident
of this state and with respect to whom the governmental entity
determines that the requirements of this subchapter would impose an
unusual hardship because of the applicant's circumstances.
[Sections 2351.056-2351.100 reserved for expansion]
SUBCHAPTER C. REPORTING REQUIREMENTS
Sec. 2351.101. REPORTING OF ERRORS AND DELAYS. (a) A
governmental entity shall monitor the occurrence of errors made,
and any significant delays caused, by the eligibility verification
program used under Section 2351.054.
(b) Not later than December 1 of each year, the governmental
entity shall submit a report to the United States Department of
Homeland Security regarding the occurrence during the previous year
of errors and delays described by Subsection (a). The report must
include:
(1) a determination of whether the eligibility
verification program is wrongfully denying public benefits to
individuals who are lawfully present in the United States; and
(2) recommendations for ensuring that the errors and
delays do not continue to occur.
(c) The governmental entity shall make the report submitted
under Subsection (b) available to the public.
Sec. 2351.102. ANNUAL COMPLIANCE REPORT. Not later than
December 1 of each year, each governmental entity that administers
a state or local public benefit shall submit to the governor,
lieutenant governor, and the speaker of the house of
representatives a report regarding the governmental entity's
compliance with this chapter.
[Sections 2351.103-2351.150 reserved for expansion]
SUBCHAPTER D. ENFORCEMENT
Sec. 2351.151. CRIMINAL PENALTY FOR FRAUDULENT AFFIDAVIT.
(a) An individual commits an offense if the individual knowingly
makes a false or otherwise fraudulent statement in an affidavit
executed under Section 2351.052.
(b) An offense under this section is a state jail felony.
(c) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
Sec. 2351.152. REPORTING OF FEDERAL CRIMINAL CONDUCT. If
an applicant for a public benefit submits to a governmental entity
an affidavit executed under Section 2351.052 containing a statement
that constitutes a false and wilful representation of United States
citizenship under 18 U.S.C. Section 911, the governmental entity
shall report that conduct to the United States attorney for the
district in which the affidavit was submitted.
SECTION 2. Subtitle H, Title 10, Government Code, as added
by this Act, applies to an application for a federal, state, or
local public benefit that is pending or filed on or after the
effective date of this Act.
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 4. This Act takes effect September 1, 2011.