Texas 2021 - 87th Regular

Texas House Bill HB3352 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10534 BDP-F
2	2	By: Fierro H.B. No. 3352
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to removing the word "alien" from certain laws.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 1.07, Alcoholic Beverage Code, is
10	10	amended to read as follows:
11	11	Sec. 1.07. RESIDENT NONCITIZENS [ALIENS]. (a) For
12	12	purposes of any provision of this code that requires an applicant
13	13	for a license or permit to be a United States citizen or Texas
14	14	citizen, regardless of whether it applies to an individual, a
15	15	percentage of stockholders of a corporation, or members of a
16	16	partnership, firm, or association, an individual who is not a
17	17	United States citizen but who legally resides in the state is
18	18	treated as a United States citizen and a citizen of Texas.
19	19	(b) If it is required that an individual have resided in the
20	20	state for a specified period of time, a noncitizen [an alien]
21	21	legally residing in the state satisfies the requirement if the
22	22	noncitizen [he] has legally resided in the state for the prescribed
23	23	period of time. If a noncitizen [an alien] becomes a United States
24	24	citizen while residing in Texas, any continuous period of time the
25	25	noncitizen [he] legally resided in the state immediately before
26	26	becoming a citizen is included in computing the [his] period of
27	27	continuous residence in the state.
28	28	SECTION 2. Section 54.232, Education Code, is amended to
29	29	read as follows:
30	30	Sec. 54.232. NATO AGREEMENT. A nonimmigrant person [alien]
31	31	who resides in this state in accordance with the Agreement between
32	32	the Parties to the North Atlantic Treaty Regarding the Status of
33	33	Their Forces (4 U.S.T. 1792) and the spouse or children of that
34	34	person [alien] are considered to be residents for tuition and fee
35	35	purposes under this title.
36	36	SECTION 3. Section 157.012(c), Finance Code, is amended to
37	37	read as follows:
38	38	(c) To be eligible to be licensed as a residential mortgage
39	39	loan originator, the individual, in addition to meeting the
40	40	requirements of Subsection (a), must:
41	41	(1) satisfy the commissioner as to the individual's
42	42	honesty, trustworthiness, and integrity;
43	43	(2) not be in violation of this chapter, Chapter 180,
44	44	or any rules adopted under this chapter or Chapter 180;
45	45	(3) provide the commissioner with satisfactory
46	46	evidence that the individual meets the qualifications provided by
47	47	Chapter 180; and
48	48	(4) be a citizen of the United States or a lawfully
49	49	admitted immigrant [alien].
50	50	SECTION 4. Section 423.0045(a)(3), Government Code, is
51	51	amended to read as follows:
52	52	(3) "Detention facility" means a facility operated by
53	53	or under contract with United States Immigration and Customs
54	54	Enforcement for the purpose of detaining noncitizens [aliens] and
55	55	placing them in removal proceedings.
56	56	SECTION 5. Sections 531.024182(a), (b), (c), and (d),
57	57	Government Code, are amended to read as follows:
58	58	(a) In this section, "sponsored noncitizen [alien]" means a
59	59	person who has been lawfully admitted to the United States for
60	60	permanent residence under the Immigration and Nationality Act (8
61	61	U.S.C. Section 1101 et seq.) and who, as a condition of admission,
62	62	was sponsored by a person who executed an affidavit of support on
63	63	behalf of the person.
64	64	(b) If, at the time of application for benefits, a person
65	65	stated that the person is a sponsored noncitizen [alien], the
66	66	commission may, to the extent allowed by federal law, verify
67	67	information relating to the sponsorship, using an automated system
68	68	or systems where available, after the person is determined eligible
69	69	for and begins receiving benefits under any of the following
70	70	benefits programs:
71	71	(1) the child health plan program under Chapter 62,
72	72	Health and Safety Code;
73	73	(2) the financial assistance program under Chapter 31,
74	74	Human Resources Code;
75	75	(3) Medicaid; or
76	76	(4) the supplemental nutrition assistance program
77	77	under Chapter 33, Human Resources Code.
78	78	(c) If the commission verifies that a person who receives
79	79	benefits under a program listed in Subsection (b) is a sponsored
80	80	noncitizen [alien], the commission may seek reimbursement from the
81	81	person's sponsor for benefits provided to the person under those
82	82	programs to the extent allowed by federal law, provided the
83	83	commission determines that seeking reimbursement is
84	84	cost-effective.
85	85	(d) If, at the time a person applies for benefits under a
86	86	program listed in Subsection (b), the person states that the person
87	87	is a sponsored noncitizen [alien], the commission shall make a
88	88	reasonable effort to notify the person that the commission may seek
89	89	reimbursement from the person's sponsor for any benefits the person
90	90	receives under those programs.
91	91	SECTION 6. Section 752.004, Government Code, is amended to
92	92	read as follows:
93	93	Sec. 752.004. APPLICATION FOR AND DISTRIBUTION OF FEDERAL
94	94	FUNDS. The office shall apply for the maximum amount of federal
95	95	funds available through the Immigration Reform and Control Act of
96	96	1986 (8 U.S.C. Section 1101 et seq.) and the Refugee Act of 1980 (8
97	97	U.S.C. Section 1521 et seq.). The office shall apply for those
98	98	funds and shall distribute the funds to agencies responsible for
99	99	providing services to persons newly granted legal status [legalized
100	100	aliens] and refugees in accordance with federal law. The office may
101	101	retain a portion of the federal funds to cover reasonable costs
102	102	incurred in securing and administering the funds. The office may
103	103	delegate to an appropriate state agency the administration of funds
104	104	under this section.
105	105	SECTION 7. Section 752.024, Government Code, is amended to
106	106	read as follows:
107	107	Sec. 752.024. FUNCTIONS OF COMMITTEE. The committee shall:
108	108	(1) advise and make recommendations to the Office of
109	109	Immigration and Refugee Affairs regarding policy, planning, and
110	110	priorities for the SLIAG program and refugee assistance programs;
111	111	(2) advise and make recommendations to the Office of
112	112	Immigration and Refugee Affairs regarding coordination of the
113	113	efforts of all public agencies involved in health, human services,
114	114	and education matters that relate to federal immigration and
115	115	refugee laws and rules or implementation of the SLIAG program or
116	116	refugee assistance programs;
117	117	(3) encourage communication and cooperation among
118	118	local agencies and programs, state agencies, immigration-related
119	119	and refugee-related legal and service agencies, and the federal
120	120	government;
121	121	(4) assist the Office of Immigration and Refugee
122	122	Affairs in applying for the maximum amount of federal funds
123	123	available for SLIAG-related programs and activities and
124	124	refugee-related programs and activities and in identifying local
125	125	programs and costs relating to immigration or refugees for which
126	126	the state or a political subdivision may receive reimbursement;
127	127	(5) provide information to programs and activities
128	128	that serve and encourage legalization and education of residents of
129	129	this state;
130	130	(6) review federal issues regarding the SLIAG program
131	131	and refugee assistance programs and make recommendations to the
132	132	Office of Immigration and Refugee Affairs to encourage the
133	133	development of a state response to federal issues;
134	134	(7) review and make recommendations to the Office of
135	135	Immigration and Refugee Affairs and state agencies to ensure that
136	136	the system of fiscal and program operations for the SLIAG program
137	137	and refugee assistance programs is consistent with existing state
138	138	and federal requirements;
139	139	(8) assist the Office of Immigration and Refugee
140	140	Affairs in the development of an annual report on the status of the
141	141	SLIAG program and refugee assistance programs in the state;
142	142	(9) advise and make recommendations to the Office of
143	143	Immigration and Refugee Affairs on other related matters as
144	144	directed by the governor; and
145	145	(10) assist the Office of Immigration and Refugee
146	146	Affairs in the development of a spending plan for fiscal years 1993
147	147	and 1994 proposing spending priorities for SLIAG funds for services
148	148	to eligible persons granted legal status [legalized aliens] and for
149	149	other federal funds available to benefit immigrants or refugees in
150	150	the state.
151	151	SECTION 8. Section 12.0127(a), Health and Safety Code, is
152	152	amended to read as follows:
153	153	(a) The department, in accordance with 8 U.S.C. Section
154	154	1182(e), as amended, under exceptions provided by 8 U.S.C. Section
155	155	1184(l), as amended, may request waiver of the foreign country
156	156	residence requirement for a qualified [alien] physician who agrees
157	157	to practice medicine in a medically underserved area or health
158	158	professional shortage area, as designated by the United States
159	159	Department of Health and Human Services, that has a current
160	160	shortage of physicians.
161	161	SECTION 9. Sections 61.008(a) and (c), Health and Safety
162	162	Code, are amended to read as follows:
163	163	(a) The executive commissioner by rule shall provide that in
164	164	determining eligibility:
165	165	(1) a county may not consider the value of the
166	166	applicant's homestead;
167	167	(2) a county must consider the equity value of a car
168	168	that is in excess of the amount exempted under department
169	169	guidelines as a resource;
170	170	(3) a county must subtract the work-related and child
171	171	care expense allowance allowed under department guidelines;
172	172	(4) a county must consider as a resource real property
173	173	other than a homestead and, except as provided by Subsection (b),
174	174	must count that property in determining eligibility;
175	175	(5) if an applicant transferred title to real property
176	176	for less than market value to become eligible for assistance under
177	177	this chapter, the county may not credit toward eligibility for
178	178	state assistance an expenditure for that applicant made during a
179	179	two-year period beginning on the date on which the property is
180	180	transferred; and
181	181	(6) if an applicant is a sponsored immigrant [alien],
182	182	a county may include in the income and resources of the applicant:
183	183	(A) the income and resources of a person who
184	184	executed an affidavit of support on behalf of the applicant; and
185	185	(B) the income and resources of the spouse of a
186	186	person who executed an affidavit of support on behalf of the
187	187	applicant, if applicable.
188	188	(c) In this section, "sponsored immigrant [alien]" means a
189	189	person who has been lawfully admitted to the United States for
190	190	permanent residence under the Immigration and Nationality Act (8
191	191	U.S.C. Section 1101 et seq.) and who, as a condition of admission,
192	192	was sponsored by a person who executed an affidavit of support on
193	193	behalf of the person.
194	194	SECTION 10. Section 61.012, Health and Safety Code, is
195	195	amended to read as follows:
196	196	Sec. 61.012. REIMBURSEMENT FOR SERVICES. (a) In this
197	197	section, "sponsored immigrant [alien]" means a person who has been
198	198	lawfully admitted to the United States for permanent residence
199	199	under the Immigration and Nationality Act (8 U.S.C. Section 1101 et
200	200	seq.) and who, as a condition of admission, was sponsored by a
201	201	person who executed an affidavit of support on behalf of the person.
202	202	(b) A public hospital or hospital district that provides
203	203	health care services to a sponsored immigrant [alien] under this
204	204	chapter may recover from a person who executed an affidavit of
205	205	support on behalf of the sponsored immigrant [alien] the costs of
206	206	the health care services provided [to the alien].
207	207	(c) A public hospital or hospital district described by
208	208	Subsection (b) must notify a sponsored immigrant [alien] and a
209	209	person who executed an affidavit of support on behalf of the
210	210	sponsored immigrant [alien], at the time the immigrant [alien]
211	211	applies for health care services, that a person who executed an
212	212	affidavit of support on behalf of a sponsored immigrant [alien] is
213	213	liable for the cost of health care services provided [to the alien].
214	214	SECTION 11. Section 5.005, Property Code, is amended to
215	215	read as follows:
216	216	Sec. 5.005. NONCITIZENS [ALIENS]. A noncitizen [An alien]
217	217	has the same real and personal property rights as a United States
218	218	citizen.
219	219	SECTION 12. Section 23.56, Tax Code, is amended to read as
220	220	follows:
221	221	Sec. 23.56. LAND INELIGIBLE FOR APPRAISAL AS OPEN-SPACE
222	222	LAND. Land is not eligible for appraisal as provided by this
223	223	subchapter if:
224	224	(1) the land is located inside the corporate limits of
225	225	an incorporated city or town, unless:
226	226	(A) the city or town is not providing the land
227	227	with governmental and proprietary services substantially
228	228	equivalent in standard and scope to those services it provides in
229	229	other parts of the city or town with similar topography, land
230	230	utilization, and population density;
231	231	(B) the land has been devoted principally to
232	232	agricultural use continuously for the preceding five years; or
233	233	(C) the land:
234	234	(i) has been devoted principally to
235	235	agricultural use or to production of timber or forest products
236	236	continuously for the preceding five years; and
237	237	(ii) is used for wildlife management;
238	238	(2) the land is owned by an individual who is a
239	239	nonresident immigrant [alien] or by a foreign government if that
240	240	individual or government is required by federal law or by rule
241	241	adopted pursuant to federal law to register [his] ownership or
242	242	acquisition of that property; or
243	243	(3) the land is owned by a corporation, partnership,
244	244	trust, or other legal entity if the entity is required by federal
245	245	law or by rule adopted pursuant to federal law to register its
246	246	ownership or acquisition of that land and a nonresident immigrant
247	247	[alien] or a foreign government or any combination of nonresident
248	248	immigrant [aliens] and foreign governments own a majority interest
249	249	in the entity.
250	250	SECTION 13. This Act takes effect September 1, 2021.