| 1 | 1 | | 85R2307 JSC-D |
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| 2 | 2 | | By: Lucio S.B. No. 1591 |
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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. (a) This Act shall be known as the Texas |
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| 11 | 11 | | Immigration Procedure Trade and Development Act. |
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| 12 | 12 | | (b) Due to the decades-long failure by the federal |
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| 13 | 13 | | government to solve the undocumented immigration-related problems |
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| 14 | 14 | | facing the United States, individual states have been forced to |
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| 15 | 15 | | shoulder the consequences of a broken federal immigration system. |
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| 16 | 16 | | The Texas Immigration Procedure Trade and Development Act proposes |
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| 17 | 17 | | a balanced business-driven and law-driven state solution to failed |
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| 18 | 18 | | federal immigration policies that brings skilled and unskilled |
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| 19 | 19 | | workers into this state for temporary periods of time when Texas |
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| 20 | 20 | | workers are not available. |
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| 21 | 21 | | SECTION 2. Chapter 751, Government Code, is amended by |
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| 22 | 22 | | adding Subchapter C to read as follows: |
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| 23 | 23 | | SUBCHAPTER C. COOPERATION WITH FEDERAL GOVERNMENT FOR GUEST WORKER |
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| 24 | 24 | | PROGRAM |
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| 25 | 25 | | Sec. 751.051. GUEST WORKER PROGRAM. (a) The office, in |
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| 26 | 26 | | consultation with the Texas Workforce Commission and with the |
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| 27 | 27 | | assistance of the secretary of state and attorney general, shall |
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| 28 | 28 | | seek to enter into a memorandum of understanding or other agreement |
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| 29 | 29 | | with the appropriate federal agency to authorize or grant a waiver |
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| 30 | 30 | | for a temporary guest worker program to be implemented in order to |
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| 31 | 31 | | bring skilled and unskilled workers into this state during periods |
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| 32 | 32 | | of time when workers in this state are not available to fill open |
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| 33 | 33 | | employment positions. The proposed program would: |
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| 34 | 34 | | (1) be self-funding through guest worker and employer |
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| 35 | 35 | | participation; |
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| 36 | 36 | | (2) require guest worker applicants to: |
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| 37 | 37 | | (A) pass a criminal history background check; |
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| 38 | 38 | | (B) register with the appropriate state and |
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| 39 | 39 | | federal agencies certifying the applicant's immigration status; |
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| 40 | 40 | | (C) submit proof of health benefit plan coverage |
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| 41 | 41 | | provided by the applicant's employer or purchased by the applicant; |
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| 42 | 42 | | (D) demonstrate a proficiency in the English |
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| 43 | 43 | | language; |
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| 44 | 44 | | (E) complete a workplace safety training course |
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| 45 | 45 | | provided by the applicant's employer; and |
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| 46 | 46 | | (F) reapply for financial assistance from any |
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| 47 | 47 | | public entitlement program from which the applicant is receiving |
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| 48 | 48 | | assistance at the time of application to the guest worker program |
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| 49 | 49 | | based on the applicant's status and income level as a temporary |
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| 50 | 50 | | guest worker; |
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| 51 | 51 | | (3) limit participation to employers that deduct and |
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| 52 | 52 | | match payroll taxes; and |
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| 53 | 53 | | (4) provide for a tamper-proof identification card for |
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| 54 | 54 | | guest workers participating in the program that would assist in |
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| 55 | 55 | | monitoring any criminal and civil court appearances. |
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| 56 | 56 | | (b) The identification card required by Subsection (a)(4) |
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| 57 | 57 | | must include the applicant's personal information, photograph, |
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| 58 | 58 | | fingerprint, and visa number and have an expiration date. |
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| 59 | 59 | | (c) Any guest worker program implemented by this state must |
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| 60 | 60 | | comply with any applicable federal guidelines by having a federal |
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| 61 | 61 | | waiver or other authorization for the program. |
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| 62 | 62 | | SECTION 3. This Act takes effect immediately if it receives |
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| 63 | 63 | | a vote of two-thirds of all the members elected to each house, as |
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| 64 | 64 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 65 | 65 | | Act does not receive the vote necessary for immediate effect, this |
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| 66 | 66 | | Act takes effect September 1, 2017. |
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