| 1 | 1 | | 84R10242 JSC-D |
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| 2 | 2 | | By: Cook H.B. No. 3735 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to cooperation with federal agencies on a guest worker |
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| 8 | 8 | | program in this state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. This Act shall be known as the "Texas Needs |
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| 11 | 11 | | Workers Act." |
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| 12 | 12 | | SECTION 2. Chapter 751, Government Code, is amended by |
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| 13 | 13 | | adding Subchapter C to read as follows: |
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| 14 | 14 | | SUBCHAPTER C. COOPERATION WITH FEDERAL GOVERNMENT FOR GUEST WORKER |
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| 15 | 15 | | PROGRAM |
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| 16 | 16 | | Sec. 751.051. GUEST WORKER PROGRAM. (a) The office, in |
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| 17 | 17 | | consultation with the Texas Workforce Commission and with the |
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| 18 | 18 | | assistance of the attorney general, shall seek to enter into a |
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| 19 | 19 | | memorandum of understanding or other agreement with the appropriate |
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| 20 | 20 | | federal agency to authorize or grant a waiver for a guest worker |
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| 21 | 21 | | program to be implemented in order to bring skilled and unskilled |
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| 22 | 22 | | workers into this state during periods of time when no Texan workers |
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| 23 | 23 | | are available to fill open employment positions. The proposed |
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| 24 | 24 | | program would: |
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| 25 | 25 | | (1) be self-funding through individual and employer |
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| 26 | 26 | | participation; |
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| 27 | 27 | | (2) require applicants to: |
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| 28 | 28 | | (A) pass a criminal background check; |
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| 29 | 29 | | (B) register with the appropriate state and |
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| 30 | 30 | | federal agencies certifying the applicant's immigration status; |
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| 31 | 31 | | and |
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| 32 | 32 | | (C) submit proof of health insurance coverage |
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| 33 | 33 | | provided by the applicant's employer or purchased by the applicant; |
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| 34 | 34 | | (3) limit participation to employers that deduct and |
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| 35 | 35 | | match payroll taxes; and |
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| 36 | 36 | | (4) provide for a tamper-proof identification card for |
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| 37 | 37 | | program participants that would assist in monitoring any criminal |
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| 38 | 38 | | and civil court appearances. |
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| 39 | 39 | | (b) The identification card required by Subsection (a)(4) |
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| 40 | 40 | | must include the applicant's personal information, photograph, |
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| 41 | 41 | | fingerprint, and visa number and have an expiration date. |
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| 42 | 42 | | (c) Any guest worker program implemented by this state must |
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| 43 | 43 | | comply with any applicable federal guidelines by having a federal |
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| 44 | 44 | | waiver or other authorization for the program. |
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| 45 | 45 | | SECTION 3. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2015. |
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