Texas 2015 - 84th Regular

Texas House Bill HB1602 Compare Versions

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Old	New	Differences
1	1	84R8371 YDB-D
2	2	By: Peña H.B. No. 1602
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Commission on
8	8	Immigration and Migration and a migrant worker visa pilot project.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 3, Government Code, is amended
11	11	by adding Chapter 329 to read as follows:
12	12	CHAPTER 329. TEXAS COMMISSION ON IMMIGRATION AND MIGRATION
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 329.001. SHORT TITLE. This chapter is known as the
15	15	Texas Commission on Immigration and Migration Act.
16	16	Sec. 329.002. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Texas Commission on
18	18	Immigration and Migration.
19	19	(2) "Pilot project" means the pilot project created
20	20	under Subchapter D.
21	21	(3) "Pilot project memorandum of understanding" means
22	22	the memorandum of understanding described in Section 329.151.
23	23	(4) "State agency" means a department, board,
24	24	commission, office, or other agency in the executive, legislative,
25	25	or judicial branch of state government. The term includes a state
26	26	institution of higher education as defined by Section 61.003,
27	27	Education Code.
28	28	(5) "United States nonimmigrant visa" means a visa
29	29	issued by the federal government as provided in 8 U.S.C. Sections
30	30	1101 and 1184.
31	31	SUBCHAPTER B. ESTABLISHMENT OF COMMISSION
32	32	Sec. 329.051. ESTABLISHMENT AND COMPOSITION. The Texas
33	33	Commission on Immigration and Migration is an advisory commission
34	34	composed of 26 members as follows:
35	35	(1) the lieutenant governor;
36	36	(2) the speaker of the house of representatives;
37	37	(3) a member of the minority party in the senate chosen
38	38	by the senators who are members of that party;
39	39	(4) a member of the minority party in the house of
40	40	representatives chosen by the representatives who are members of
41	41	that party;
42	42	(5) the governor or the governor's designee;
43	43	(6) the attorney general or the attorney general's
44	44	designee;
45	45	(7) the commissioner of agriculture or the
46	46	commissioner's designee;
47	47	(8) the director of the Texas Economic Development and
48	48	Tourism Office or the director's designee;
49	49	(9) the executive director of the Texas Workforce
50	50	Commission or the executive director's designee;
51	51	(10) the comptroller or the comptroller's designee;
52	52	(11) three members of the house of representatives
53	53	appointed by the speaker of the house of representatives, not more
54	54	than two of whom may be from the same political party;
55	55	(12) three members of the public appointed by the
56	56	speaker of the house of representatives in accordance with Section
57	57	329.052;
58	58	(13) three members of the senate appointed by the
59	59	lieutenant governor, not more than two of whom may be from the same
60	60	political party;
61	61	(14) three members of the public appointed by the
62	62	lieutenant governor in accordance with Section 329.052; and
63	63	(15) four members of the public appointed by the
64	64	governor in accordance with Section 329.052.
65	65	Sec. 329.052. ELIGIBILITY OF PUBLIC MEMBERS; TERMS. (a)
66	66	Public members of the commission appointed under Section 329.051
67	67	must:
68	68	(1) be residents of this state; and
69	69	(2) be appointed with due regard for:
70	70	(A) geographic representation;
71	71	(B) diversity;
72	72	(C) education, including academic
73	73	postgraduate-level degrees related to the immigrant community in
74	74	this state; and
75	75	(D) knowledge and experience.
76	76	(b) An appointment by the lieutenant governor, the speaker
77	77	of the house of representatives, or the governor may include a
78	78	representative from:
79	79	(1) an immigrant or immigrant-serving community-based
80	80	organization;
81	81	(2) a philanthropic organization;
82	82	(3) an advocacy group;
83	83	(4) a business, including an immigrant entrepreneur;
84	84	(5) a union;
85	85	(6) academia; or
86	86	(7) a faith-based organization.
87	87	(c) Public members of the commission serve three-year
88	88	terms.
89	89	(d) A public member shall serve until a successor is
90	90	appointed and qualified.
91	91	Sec. 329.053. VACANCY. A vacancy in the membership of the
92	92	commission shall be filled for the unexpired term in the manner
93	93	provided for the original appointment.
94	94	Sec. 329.054. PRESIDING OFFICER. The governor or, at the
95	95	discretion of the governor, the lieutenant governor shall serve as
96	96	presiding officer of the commission.
97	97	Sec. 329.055. VOTE. A vote of the majority of the
98	98	commission members present when a quorum is present is an action of
99	99	the commission.
100	100	Sec. 329.056. MEETINGS. The commission shall meet at least
101	101	quarterly and at other times at the call of the presiding officer.
102	102	Sec. 329.057. COMPENSATION; REIMBURSEMENT. A member of the
103	103	commission is not entitled to compensation for the member's service
104	104	but may receive per diem and travel expenses in accordance with the
105	105	General Appropriations Act.
106	106	Sec. 329.058. STAFF. The office of the attorney general
107	107	shall staff the commission.
108	108	SUBCHAPTER C. COMMISSION POWERS AND DUTIES
109	109	Sec. 329.101. GENERAL POWERS AND DUTIES. The commission
110	110	shall:
111	111	(1) conduct a thorough review of the economic, legal,
112	112	cultural, and educational impact of illegal immigration on this
113	113	state and its political subdivisions;
114	114	(2) conduct a thorough examination of state and
115	115	federal laws relating to immigration, migration, and guest worker
116	116	programs;
117	117	(3) develop a comprehensive, coordinated, and
118	118	sustainable state plan to address:
119	119	(A) immigration and the use of migrant workers in
120	120	the state; and
121	121	(B) integration of immigrants;
122	122	(4) make legislative recommendations to the governor
123	123	and the legislature to implement the state plan described in
124	124	Subdivision (3):
125	125	(A) consistent with the respective
126	126	constitutional powers, rights, and responsibilities of the United
127	127	States and of this state; and
128	128	(B) to protect the health, safety, and welfare of
129	129	the residents of this state;
130	130	(5) advise the governor and the legislature on
131	131	proposed legislation related to immigration:
132	132	(A) to encourage a comprehensive, coordinated,
133	133	and sustainable state response to issues related to immigration;
134	134	and
135	135	(B) on request of:
136	136	(i) the governor;
137	137	(ii) the lieutenant governor;
138	138	(iii) the speaker of the house of
139	139	representatives;
140	140	(iv) a member of the minority party in the
141	141	senate chosen by the senators who are members of that party; or
142	142	(v) a member of the minority party in the
143	143	house of representatives chosen by the representatives who are
144	144	members of that party; and
145	145	(6) comply with the Migrant Worker Visa Pilot Project
146	146	under Subchapter D.
147	147	Sec. 329.102. STATE AGENCY INFORMATION. (a) The
148	148	commission may request a state agency to provide the commission
149	149	with information available to the state agency that the commission
150	150	considers necessary to discharge the commission's duties under this
151	151	chapter.
152	152	(b) A state agency shall cooperate with the commission to
153	153	furnish the commission with the information requested under
154	154	Subsection (a):
155	155	(1) to the extent not inconsistent with law;
156	156	(2) within the limits of the state agency's statutory
157	157	authority; and
158	158	(3) on as timely a basis as is necessary to accomplish
159	159	the purposes of this chapter.
160	160	Sec. 329.103. TESTIMONY; EXPERT CONSULTANTS. (a) In
161	161	performing its powers and duties, the commission may invite
162	162	testimony from the governor, legislators, state agencies, and
163	163	members of the public.
164	164	(b) The commission may consult with experts or other
165	165	knowledgeable individuals in the public or private sector on any
166	166	matter related to the commission's powers and duties under this
167	167	chapter.
168	168	Sec. 329.104. PUBLIC HEARING. The commission may hold one
169	169	or more public hearings that it considers advisable and in
170	170	locations in this state that it chooses to afford interested
171	171	persons an opportunity to appear and present views on any subject
172	172	relating to the commission's powers and duties under this chapter.
173	173	Sec. 329.105. REPORT. (a) The commission annually shall
174	174	report to the legislature and governor on its activities and
175	175	recommendations.
176	176	(a-1) The commission shall submit an initial report to the
177	177	legislature and governor not later than six months after the date of
178	178	the first meeting of the commission. The commission shall submit
179	179	its first annual report to the legislature and governor not later
180	180	than six months after the date the initial report is submitted, or
181	181	as soon as practicable after that date. This subsection expires
182	182	January 1, 2018.
183	183	(b) The commission shall provide any report submitted under
184	184	this section to the public on request.
185	185	Sec. 329.106. COLLABORATION ON INTEGRATION OF IMMIGRANTS;
186	186	EVALUATION OF STATE GOVERNMENT. (a) Consistent with the state plan
187	187	described in Section 329.101(3), the commission shall:
188	188	(1) work collaboratively with federal, state, and
189	189	local governments to facilitate integration of immigrants in this
190	190	state; and
191	191	(2) work collaboratively with businesses and
192	192	community organizations to ensure that public input into the
193	193	process is consistently maintained with regard to integration of
194	194	immigrants.
195	195	(b) The commission shall evaluate the structure and
196	196	organization of government in this state, including state agencies,
197	197	independent entities, political subdivisions, and school
198	198	districts, and advise the legislature and governor regarding the
199	199	best way to achieve immigrant integration in the delivery of
200	200	services and programs in a cost-neutral manner.
201	201	(c) In its examination of immigrant integration in this
202	202	state, the commission shall identify any measures that will bring
203	203	enhanced lawfulness, economy, efficiency, and accountability to
204	204	government operations.
205	205	SUBCHAPTER D. MIGRANT WORKER VISA PILOT PROJECT
206	206	Sec. 329.151. PILOT PROJECT MEMORANDUM OF UNDERSTANDING.
207	207	(a) With the assistance of the attorney general, the governor may
208	208	negotiate and enter into a memorandum of understanding with the
209	209	government of a state in Mexico to create the Migrant Worker Visa
210	210	Pilot Project, under which businesses in this state may obtain
211	211	legal foreign migrant workers through use of United States
212	212	nonimmigrant visas.
213	213	(b) The commission shall recommend to the legislature and
214	214	the governor policies and programs that will educate, encourage,
215	215	support, and facilitate businesses in this state in need of
216	216	temporary workers to participate in the pilot project.
217	217	Sec. 329.152. REQUIREMENTS FOR PILOT PROJECT AND PILOT
218	218	PROJECT MEMORANDUM OF UNDERSTANDING. (a) Under the pilot project
219	219	memorandum of understanding, the governor may commit this state,
220	220	including the commission, to work directly with officials of the
221	221	government of the Mexican state selected for the pilot project to
222	222	encourage, facilitate, and support the migration of legal Mexican
223	223	migrant workers from the Mexican state to this state for the purpose
224	224	of filling jobs with businesses in this state most in need of
225	225	skilled and unskilled migrant labor.
226	226	(b) The pilot project and the pilot project memorandum of
227	227	understanding must:
228	228	(1) be compatible with the Immigration and Nationality
229	229	Act, 8 U.S.C. Section 1101 et seq., and federal policies,
230	230	procedures, and requirements for issuing United States
231	231	nonimmigrant visas to Mexicans qualified to participate in the
232	232	pilot project, with particular attention to the following:
233	233	(A) a business in this state hiring a migrant
234	234	worker through the pilot project shall demonstrate and certify that
235	235	there are not sufficient workers where that labor is to be performed
236	236	who are able, willing, qualified, and available at the time of
237	237	application for a United States nonimmigrant visa; and
238	238	(B) the employment of the migrant worker will not
239	239	adversely affect the wages and working conditions of workers in
240	240	this state who are similarly employed;
241	241	(2) require that the Mexican state provide to
242	242	businesses in this state Mexican migrant workers who meet certain
243	243	requirements, including that each migrant worker:
244	244	(A) meets the legal requirements of federal law
245	245	with regard to eligibility for a United States nonimmigrant visa;
246	246	(B) passes a criminal background check;
247	247	(C) undergoes standardized testing to satisfy
248	248	the hiring business that the migrant worker possesses the requisite
249	249	level of education or skill required for the job to be filled;
250	250	(D) is issued a tamper-proof identification that
251	251	includes personal information, a photo, a fingerprint, a visa
252	252	number, and an expiration date; and
253	253	(E) will be notified by the Mexican state before
254	254	the expiration date of the United States nonimmigrant visa of the
255	255	date the migrant worker is required to return to Mexico; and
256	256	(3) if a migrant worker fails to return to Mexico
257	257	before expiration of the migrant worker's United States
258	258	nonimmigrant visa, require the Mexican state to notify:
259	259	(A) the business that hires the migrant worker;
260	260	(B) the advisory committee created under
261	261	Subchapter E; and
262	262	(C) United States Immigration and Customs
263	263	Enforcement.
264	264	Sec. 329.153. EXPANSION TO SIMILAR PILOT PROJECTS. (a)
265	265	After the first anniversary of the date the pilot project
266	266	memorandum of understanding is executed under Section 329.152, if
267	267	the governor determines, after consultation with the commission,
268	268	that the pilot project is successful, the governor may enter into
269	269	one or more additional memoranda of understanding to create similar
270	270	pilot projects, except that the governor may not enter into a
271	271	similar pilot project memorandum of understanding with a country:
272	272	(1) designated by the United States Department of
273	273	State as a state sponsor of terrorism;
274	274	(2) against which the United States has declared war;
275	275	or
276	276	(3) against which the United States has imposed
277	277	sanctions as listed under a sanctions program of the Office of
278	278	Foreign Assets Control within the United States Department of the
279	279	Treasury.
280	280	(b) After the governor has entered into one or more
281	281	additional memoranda of understanding under Subsection (a), the
282	282	governor, in consultation with the commission, may periodically
283	283	evaluate whether to enter into additional pilot projects subject to
284	284	the limitations of Subsections (a)(1) through (3).
285	285	(c) A memorandum of understanding creating a similar pilot
286	286	project shall comply with the requirements of Section 329.152.
287	287	(d) A similar pilot project created under this section shall
288	288	operate in a manner substantially similar to the pilot project
289	289	implemented under Section 329.151.
290	290	SUBCHAPTER E. ADVISORY COMMITTEE
291	291	Sec. 329.201. CREATION OF ADVISORY COMMITTEE. (a) The
292	292	commission shall create an advisory committee to perform the
293	293	studies required by this subchapter.
294	294	(b) The commission shall appoint at least one member of the
295	295	commission to the advisory committee.
296	296	(c) The advisory committee may work jointly with a similar
297	297	committee of a Mexican state.
298	298	Sec. 329.202. REIMBURSEMENT. A member of the advisory
299	299	committee may not receive a per diem or travel expenses.
300	300	Sec. 329.203. ADVISORY COMMITTEE DUTIES. The advisory
301	301	committee shall:
302	302	(1) study the process and results of the pilot
303	303	project;
304	304	(2) study the impact of existing federal law on the
305	305	ability to meet the needs of businesses in this state and Mexican
306	306	migrant workers;
307	307	(3) study the current United States nonimmigrant visa
308	308	application process from both the employer and employee perspective
309	309	to understand:
310	310	(A) the strengths and weaknesses of the existing
311	311	law; and
312	312	(B) the United States nonimmigrant visa process
313	313	and the implications to regional employment and security;
314	314	(4) document the state and regional economic impact
315	315	and security implications of existing law and processes;
316	316	(5) educate the populations of this state and a
317	317	Mexican state on issues to create alignment around a shared vision;
318	318	and
319	319	(6) present the committee's findings annually to the
320	320	commission in a detailed report that includes recommendations to
321	321	the commission on methods to best address the challenges of
322	322	immigration, employment, and security.
323	323	Sec. 329.204. COMMISSION RECOMMENDATIONS. (a) The
324	324	commission shall use the information generated by the advisory
325	325	committee under the pilot project to make recommendations to the
326	326	governor not later than the first anniversary after the date the
327	327	pilot project memorandum of understanding is executed.
328	328	(b) The commission shall consider including in the
329	329	recommendations:
330	330	(1) observations and market recommendations;
331	331	(2) one or more proposals to amend existing law as
332	332	necessary to accomplish the recommendations made by the commission
333	333	and to meet the realities of current economic necessities;
334	334	(3) a recommendation as to whether, and if so, to what
335	335	extent, the current caps on the H-2B United States nonimmigrant
336	336	visas should be raised; and
337	337	(4) a recommendation as to whether the wait time
338	338	between receiving H-2B United States nonimmigrant visas should be
339	339	shortened.
340	340	(c) The governor may report the recommendations of the
341	341	commission to the president of the United States, Congress, and the
342	342	United States attorney general.
343	343	SECTION 2. Not later than November 1, 2015, the governor,
344	344	lieutenant governor, and speaker of the house of representatives
345	345	shall appoint the initial public members to the Texas Commission on
346	346	Immigration and Migration as follows:
347	347	(1) the following are appointed to a three-year term:
348	348	(A) one member appointed by the lieutenant
349	349	governor;
350	350	(B) one member appointed by the speaker of the
351	351	house of representatives; and
352	352	(C) one member appointed by the governor;
353	353	(2) the following are appointed to a two-year term:
354	354	(A) one member appointed by the lieutenant
355	355	governor;
356	356	(B) one member appointed by the speaker of the
357	357	house of representatives; and
358	358	(C) one member appointed by the governor; and
359	359	(3) the following are appointed to a one-year term:
360	360	(A) one member appointed by the lieutenant
361	361	governor;
362	362	(B) one member appointed by the speaker of the
363	363	house of representatives; and
364	364	(C) two members appointed by the governor.
365	365	SECTION 3. This Act takes effect September 1, 2015.