85R2307 JSC-D
By: Lucio S.B. No. 1591
A BILL TO BE ENTITLED
AN ACT
relating to cooperation with federal agencies on a guest worker
program in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) This Act shall be known as the Texas
Immigration Procedure Trade and Development Act.
(b) Due to the decades-long failure by the federal
government to solve the undocumented immigration-related problems
facing the United States, individual states have been forced to
shoulder the consequences of a broken federal immigration system.
The Texas Immigration Procedure Trade and Development Act proposes
a balanced business-driven and law-driven state solution to failed
federal immigration policies that brings skilled and unskilled
workers into this state for temporary periods of time when Texas
workers are not available.
SECTION 2. Chapter 751, Government Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. COOPERATION WITH FEDERAL GOVERNMENT FOR GUEST WORKER
PROGRAM
Sec. 751.051. GUEST WORKER PROGRAM. (a) The office, in
consultation with the Texas Workforce Commission and with the
assistance of the secretary of state and attorney general, shall
seek to enter into a memorandum of understanding or other agreement
with the appropriate federal agency to authorize or grant a waiver
for a temporary guest worker program to be implemented in order to
bring skilled and unskilled workers into this state during periods
of time when workers in this state are not available to fill open
employment positions. The proposed program would:
(1) be self-funding through guest worker and employer
participation;
(2) require guest worker applicants to:
(A) pass a criminal history background check;
(B) register with the appropriate state and
federal agencies certifying the applicant's immigration status;
(C) submit proof of health benefit plan coverage
provided by the applicant's employer or purchased by the applicant;
(D) demonstrate a proficiency in the English
language;
(E) complete a workplace safety training course
provided by the applicant's employer; and
(F) reapply for financial assistance from any
public entitlement program from which the applicant is receiving
assistance at the time of application to the guest worker program
based on the applicant's status and income level as a temporary
guest worker;
(3) limit participation to employers that deduct and
match payroll taxes; and
(4) provide for a tamper-proof identification card for
guest workers participating in the program that would assist in
monitoring any criminal and civil court appearances.
(b) The identification card required by Subsection (a)(4)
must include the applicant's personal information, photograph,
fingerprint, and visa number and have an expiration date.
(c) Any guest worker program implemented by this state must
comply with any applicable federal guidelines by having a federal
waiver or other authorization for the program.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.