By: Lucio S.B. No. 838
(In the Senate - Filed February 27, 2015; March 4, 2015,
read first time and referred to Subcommittee on Border Security;
May 5, 2015, reported adversely, with favorable Committee
Substitute to Committee on Veteran Affairs and Military
Installations; May 11, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 11, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 838 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to the functions of the Office of Immigration and Refugee
Affairs, the Governor's Advisory Committee on Immigration and
Refugees, and use of the state's disaster contingency fund for
purposes related to immigration and refugees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 418.073, Government Code, is amended by
adding Subsection (i) to read as follows:
(i) Money in the disaster contingency fund may be used to
provide assistance for relief of a humanitarian crisis in
accordance with Section 752.009(b).
SECTION 2. Section 752.001, Government Code, is amended to
read as follows:
Sec. 752.001. OFFICE OF IMMIGRATION AND REFUGEE AFFAIRS.
(a) The Office of Immigration and Refugee Affairs is [created]
within the Health and Human Services Commission [Texas Department
of Human Services].
(b) The office shall work in conjunction with the office of
the secretary of state. The office and the secretary of state shall
enter into a memorandum of understanding that clearly defines the
responsibilities of each office under this subchapter.
SECTION 3. Section 752.004, Government Code, is amended to
read as follows:
Sec. 752.004. APPLICATION FOR AND DISTRIBUTION OF FEDERAL
FUNDS AND FUNDING OPPORTUNITIES. (a) The secretary of state, on
behalf of the office, shall apply for the maximum amount of federal
funds available through the Immigration Reform and Control Act of
1986 (Pub. L. No. 99-603), the Immigration and Nationality Act (8
U.S.C. Section 1101 et seq.), [and] the Refugee Act of 1980 (8
U.S.C. Section 1521 et seq.), and other federal programs, as
appropriate, for use in assisting state agencies, local
governments, nonprofit organizations, and faith-based
organizations in addressing matters related to immigrants and
refugees. The secretary of state, on behalf of the office, shall
apply for those funds and shall distribute the funds to agencies and
other entities responsible for providing services to immigrants,
including newly legalized aliens, and refugees in accordance with
federal law. The office may retain a portion of the federal funds
to cover reasonable costs incurred in securing and administering
the funds. The office may delegate to an appropriate state agency
the administration of funds under this section.
(b) The secretary of state, on behalf of the office, shall
pursue federal funding opportunities to assist state agencies,
local governments, nonprofit organizations, and faith-based
organizations with costs associated with addressing matters
related to immigrants and refugees.
SECTION 4. Subchapter A, Chapter 752, Government Code, is
amended by adding Section 752.0075 to read as follows:
Sec. 752.0075. INTERNATIONAL MEETINGS. The secretary of
state, on behalf of the office, shall arrange meetings with
appropriate local, state, and federal authorities and the
appropriate corresponding international authorities, including
authorities in Mexico, to develop increased communication,
cooperation, and coordination to establish initiatives and
government-supported efforts that limit the entrance of unlawful
aliens into this state.
SECTION 5. Section 752.009, Government Code, is amended to
read as follows:
Sec. 752.009. FUNDING. (a) Except for any unspent
appropriations transferred under this Act or any gifts, grants, or
donations accepted under this Act, the Office of Immigration and
Refugee Affairs may use only federal funds to perform the duties
prescribed by this Act.
(b) If the governor by proclamation determines that a mass
influx of unlawful aliens has created a state of humanitarian
crisis, the governor may use the state's disaster contingency fund
to, in coordination with the immigration and refugee coordinator
for the office, provide assistance to state agencies, local
governments, nonprofit organizations, and faith-based
organizations to alleviate the costs associated with addressing the
crisis.
SECTION 6. Section 752.021, Government Code, is amended to
read as follows:
Sec. 752.021. GOVERNOR'S ADVISORY COMMITTEE ON IMMIGRATION
AND REFUGEES. The Governor's Advisory Committee on Immigration and
Refugees is created within the office of the governor. The
committee shall advise and make recommendations to the Office of
Immigration and Refugee Affairs on immigration and refugee issues,
including [the SLIAG program authorized by the Immigration Reform
and Control Act of 1986 (8 U.S.C. Section 1101 et seq.) and the]
refugee assistance programs [authorized by the Refugee Act of 1980
(8 U.S.C. Section 1521 et seq.)].
SECTION 7. Sections 752.022(a) and (c), Government Code,
are amended to read as follows:
(a) The committee is composed of 12 members appointed by the
governor with the advice and consent of the senate as follows:
(1) two representatives of the refugee population;
(2) two representatives of the immigrant population;
(3) three representatives of local provider programs
that serve immigrants or refugees and that receive federal funds,
with one each from a public health program, a public assistance
program, and an education program;
(4) one representative [three representatives] from a
faith-based organization that assists local governments with
matters related to immigrants and refugees;
(5) two representatives from voluntary resettlement
agencies that receive state or federal funds;
(6) [(5)] one representative from a legal
organization that is involved in issues relating to immigrants or
refugees; and
(7) [(6)] one representative from a service
organization that works with immigrants or refugees.
(c) The governor shall appoint a member of the committee to
serve as the chair of the committee [for a one-year term].
SECTION 8. Subchapter B, Chapter 752, Government Code, is
amended by adding Section 752.0231 to read as follows:
Sec. 752.0231. OTHER LAW. Section 2110.008 does not apply
to the committee.
SECTION 9. Section 752.024, Government Code, is amended to
read as follows:
Sec. 752.024. FUNCTIONS OF COMMITTEE. The committee shall:
(1) advise and make recommendations to the Office of
Immigration and Refugee Affairs regarding policy, planning, and
priorities for matters related to immigrants and refugees [the
SLIAG program and refugee assistance programs];
(2) advise and make recommendations to the Office of
Immigration and Refugee Affairs regarding coordination of the
efforts of all public agencies involved in health, human services,
and education matters that relate to federal immigration and
refugee laws and rules [or implementation of the SLIAG program or
refugee assistance programs];
(3) encourage communication and cooperation among
local agencies and programs, state agencies, immigration-related
and refugee-related legal and service agencies, and the federal
government;
(4) assist the Office of Immigration and Refugee
Affairs in applying for the maximum amount of federal funds
available for immigrant-related [SLIAG-related] programs and
activities and refugee-related programs and activities and in
identifying local programs and costs relating to immigration or
refugees for which the state or a political subdivision may receive
reimbursement;
(5) provide information to programs and activities
that serve and encourage legalization and education of residents of
this state;
(6) review issues related to immigrants and refugees
[federal issues regarding the SLIAG program and refugee assistance
programs] and make recommendations to the Office of Immigration and
Refugee Affairs to encourage the development of a state response to
those [federal] issues;
(7) [review and make recommendations to the Office of
Immigration and Refugee Affairs and state agencies to ensure that
the system of fiscal and program operations for the SLIAG program
and refugee assistance programs is consistent with existing state
and federal requirements;
[(8)] assist the Office of Immigration and Refugee
Affairs in the development of an annual report on the status of
matters related to immigrants and refugees [the SLIAG program and
refugee assistance programs] in the state;
(8) [(9)] advise and make recommendations to the
Office of Immigration and Refugee Affairs on other related matters
as directed by the governor; and
(9) [(10)] assist the Office of Immigration and
Refugee Affairs to better address issues related to immigrants and
refugees confronting the state and local communities [in the
development of a spending plan for fiscal years 1993 and 1994
proposing spending priorities for SLIAG funds for services to
eligible legalized aliens and for other federal funds available to
benefit immigrants or refugees in the state].
SECTION 10. (a) Not later than January 1, 2016, the
governor shall appoint the members of the Governor's Advisory
Committee on Immigration and Refugees as provided by Section
752.022(a), Government Code, as amended by this Act. The committee
is re-created on the date the governor makes the appointments as
provided by this subsection.
(b) Notwithstanding Section 752.022(b), Government Code,
the terms of the members of the advisory committee appointed as
provided by Subsection (a) of this section expire February 1, 2017.
SECTION 11. This Act takes effect September 1, 2015.
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