Texas 2023 - 88th Regular

Texas House Bill HB5208 Compare Versions

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1	1	By: Morales of Maverick H.B. No. 5208
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the establishment of the Texas Commission on
7	7	Immigration and Migration and a migrant worker visa pilot project.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 3, Government Code, is amended
10	10	by adding Chapter 330 to read as follows:
11	11	CHAPTER 330. TEXAS COMMISSION ON IMMIGRATION AND MIGRATION
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 330.001. SHORT TITLE. This chapter is known as the
14	14	Texas Commission on Immigration and Migration Act.
15	15	Sec. 330.002. DEFINITIONS. In this chapter:
16	16	(1) "Commission" means the Texas Commission on
17	17	Immigration and Migration.
18	18	(2) "Pilot project" means the pilot project created
19	19	under Subchapter D.
20	20	(3) "Pilot project memorandum of understanding" means
21	21	the memorandum of understanding described in Section 330.151.
22	22	(4) "State agency" means a department, board,
23	23	commission, office, or other agency in the executive, legislative,
24	24	or judicial branch of state government. The term includes an
25	25	institution of higher education as defined by Section 61.003,
26	26	Education Code.
27	27	(5) "United States nonimmigrant visa" means a visa
28	28	issued by the federal government as provided in 8 U.S.C. Sections
29	29	1101 and 1184.
30	30	SUBCHAPTER B. ESTABLISHMENT OF COMMISSION
31	31	Sec. 330.051. ESTABLISHMENT AND COMPOSITION. The Texas
32	32	Commission on Immigration and Migration is an advisory commission
33	33	composed of 26 members as follows:
34	34	(1) the lieutenant governor;
35	35	(2) the speaker of the house of representatives;
36	36	(3) a member of the minority party in the senate chosen
37	37	by the senators who are members of that party;
38	38	(4) a member of the minority party in the house of
39	39	representatives chosen by the representatives who are members of
40	40	that party;
41	41	(5) the governor or the governor's designee;
42	42	(6) the attorney general or the attorney general's
43	43	designee;
44	44	(7) the commissioner of agriculture or the
45	45	commissioner's designee;
46	46	(8) the director of the Texas Economic Development and
47	47	Tourism Office or the director's designee;
48	48	(9) the executive director of the Texas Workforce
49	49	Commission or the executive director's designee;
50	50	(10) the comptroller or the comptroller's designee;
51	51	(11) three members of the house of representatives
52	52	appointed by the speaker of the house of representatives, not more
53	53	than two of whom may be from the same political party;
54	54	(12) three members of the public appointed by the
55	55	speaker of the house of representatives in accordance with Section
56	56	330.052;
57	57	(13) three members of the senate appointed by the
58	58	lieutenant governor, not more than two of whom may be from the same
59	59	political party;
60	60	(14) three members of the public appointed by the
61	61	lieutenant governor in accordance with Section 330.052; and
62	62	(15) four members of the public appointed by the
63	63	governor in accordance with Section 330.052.
64	64	Sec. 330.052. ELIGIBILITY OF PUBLIC MEMBERS; TERMS. (a)
65	65	Public members of the commission appointed under Section 330.051
66	66	must:
67	67	(1) be residents of this state; and
68	68	(2) be appointed with due regard for:
69	69	(A) geographic representation;
70	70	(B) diversity;
71	71	(C) education, including academic
72	72	postgraduate-level degrees related to the immigrant community in
73	73	this state; and
74	74	(D) knowledge and experience.
75	75	(b) An appointment by the lieutenant governor, the speaker
76	76	of the house of representatives, or the governor may include a
77	77	representative from:
78	78	(1) an immigrant or immigrant-serving community-based
79	79	organization;
80	80	(2) a philanthropic organization;
81	81	(3) an advocacy group;
82	82	(4) a business, including an immigrant entrepreneur;
83	83	(5) a union;
84	84	(6) academia; or
85	85	(7) a faith-based organization.
86	86	(c) Public members of the commission serve three-year
87	87	terms.
88	88	(d) A public member shall serve until a successor is
89	89	appointed and qualified.
90	90	Sec. 330.053. VACANCY. A vacancy in the membership of the
91	91	commission shall be filled for the unexpired term in the manner
92	92	provided for the original appointment.
93	93	Sec. 330.054. PRESIDING OFFICER. The governor or, at the
94	94	discretion of the governor, the lieutenant governor shall serve as
95	95	presiding officer of the commission.
96	96	Sec. 330.055. VOTE. A vote of the majority of the
97	97	commission members present when a quorum is present is an action of
98	98	the commission.
99	99	Sec. 330.056. MEETINGS. The commission shall meet at least
100	100	quarterly and at other times at the call of the presiding officer.
101	101	Sec. 330.057. COMPENSATION; REIMBURSEMENT. A member of the
102	102	commission is not entitled to compensation for the member's service
103	103	but may receive per diem and travel expenses in accordance with the
104	104	General Appropriations Act.
105	105	Sec. 330.058. STAFF. The office of the attorney general
106	106	shall staff the commission.
107	107	SUBCHAPTER C. COMMISSION POWERS AND DUTIES
108	108	Sec. 330.101. GENERAL POWERS AND DUTIES. The commission
109	109	shall:
110	110	(1) conduct a thorough review of the economic, legal,
111	111	cultural, and educational impact of illegal immigration on this
112	112	state and its political subdivisions;
113	113	(2) conduct a thorough examination of state and
114	114	federal laws relating to immigration, migration, and guest worker
115	115	programs;
116	116	(3) develop a comprehensive, coordinated, and
117	117	sustainable state plan to address:
118	118	(A) immigration and the use of migrant workers in
119	119	the state; and
120	120	(B) integration of immigrants;
121	121	(4) make legislative recommendations to the governor
122	122	and the legislature to implement the state plan described in
123	123	Subdivision (3):
124	124	(A) consistent with the respective
125	125	constitutional powers, rights, and responsibilities of the United
126	126	States and of this state; and
127	127	(B) to protect the health, safety, and welfare of
128	128	the residents of this state;
129	129	(5) advise the governor and the legislature on
130	130	proposed legislation related to immigration:
131	131	(A) to encourage a comprehensive, coordinated,
132	132	and sustainable state response to issues related to immigration;
133	133	and
134	134	(B) on request of:
135	135	(i) the governor;
136	136	(ii) the lieutenant governor;
137	137	(iii) the speaker of the house of
138	138	representatives;
139	139	(iv) a member of the minority party in the
140	140	senate chosen by the senators who are members of that party; or
141	141	(v) a member of the minority party in the
142	142	house of representatives chosen by the representatives who are
143	143	members of that party; and
144	144	(6) comply with the Migrant Worker Visa Pilot Project
145	145	under Subchapter D.
146	146	Sec. 330.102. STATE AGENCY INFORMATION. (a) The
147	147	commission may request a state agency to provide the commission
148	148	with information available to the state agency that the commission
149	149	considers necessary to discharge the commission's duties under this
150	150	chapter.
151	151	(b) A state agency shall cooperate with the commission to
152	152	furnish the commission with the information requested under
153	153	Subsection (a):
154	154	(1) to the extent not inconsistent with law;
155	155	(2) within the limits of the state agency's statutory
156	156	authority; and
157	157	(3) on as timely a basis as is necessary to accomplish
158	158	the purposes of this chapter.
159	159	Sec. 330.103. TESTIMONY; EXPERT CONSULTANTS. (a) In
160	160	performing its powers and duties, the commission may invite
161	161	testimony from the governor, legislators, state agencies, and
162	162	members of the public.
163	163	(b) The commission may consult with experts or other
164	164	knowledgeable individuals in the public or private sector on any
165	165	matter related to the commission's powers and duties under this
166	166	chapter.
167	167	Sec. 330.104. PUBLIC HEARING. The commission may hold one
168	168	or more public hearings that it considers advisable and in
169	169	locations in this state that it chooses to afford interested
170	170	persons an opportunity to appear and present views on any subject
171	171	relating to the commission's powers and duties under this chapter.
172	172	Sec. 330.105. REPORT. (a) The commission annually shall
173	173	report to the legislature and governor on its activities and
174	174	recommendations.
175	175	(a-1) The commission shall submit an initial report to the
176	176	legislature and governor not later than six months after the date of
177	177	the first meeting of the commission. The commission shall submit
178	178	its first annual report to the legislature and governor not later
179	179	than six months after the date the initial report is submitted, or
180	180	as soon as practicable after that date. This subsection expires
181	181	January 1, 2026.
182	182	(b) The commission shall provide any report submitted under
183	183	this section to the public on request.
184	184	Sec. 330.106. COLLABORATION ON INTEGRATION OF IMMIGRANTS;
185	185	EVALUATION OF STATE GOVERNMENT. (a) Consistent with the state plan
186	186	described in Section 330.101(3), the commission shall:
187	187	(1) work collaboratively with federal, state, and
188	188	local governments to facilitate integration of immigrants in this
189	189	state; and
190	190	(2) work collaboratively with businesses and
191	191	community organizations to ensure that public input into the
192	192	process is consistently maintained with regard to integration of
193	193	immigrants.
194	194	(b) The commission shall evaluate the structure and
195	195	organization of government in this state, including state agencies,
196	196	independent entities, political subdivisions, and school
197	197	districts, and advise the legislature and governor regarding the
198	198	best way to achieve immigrant integration in the delivery of
199	199	services and programs in a cost-neutral manner.
200	200	(c) In its examination of immigrant integration in this
201	201	state, the commission shall identify any measures that will bring
202	202	enhanced lawfulness, economy, efficiency, and accountability to
203	203	government operations.
204	204	SUBCHAPTER D. MIGRANT WORKER VISA PILOT PROJECT
205	205	Sec. 330.151. PILOT PROJECT MEMORANDUM OF UNDERSTANDING.
206	206	(a) With the assistance of the attorney general, the governor may
207	207	negotiate and enter into a memorandum of understanding with the
208	208	government of a state in Mexico to create the Migrant Worker Visa
209	209	Pilot Project, under which businesses in this state may obtain
210	210	legal foreign migrant workers through use of United States
211	211	nonimmigrant visas.
212	212	(b) The commission shall recommend to the legislature and
213	213	the governor policies and programs that will educate, encourage,
214	214	support, and facilitate businesses in this state in need of
215	215	temporary workers to participate in the pilot project.
216	216	Sec. 330.152. REQUIREMENTS FOR PILOT PROJECT AND PILOT
217	217	PROJECT MEMORANDUM OF UNDERSTANDING. (a) Under the pilot project
218	218	memorandum of understanding, the governor may commit this state,
219	219	including the commission, to work directly with officials of the
220	220	government of the Mexican state selected for the pilot project to
221	221	encourage, facilitate, and support the migration of legal Mexican
222	222	migrant workers from the Mexican state to this state through
223	223	expanded land ports of entry for the purpose of:
224	224	(1) filling jobs with businesses in this state most in
225	225	need of skilled and unskilled migrant labor; and
226	226	(2) improving:
227	227	(A) safety for both migrant workers and law
228	228	enforcement; and
229	229	(B) efficiency in the processing of
230	230	asylum-seeking migrant workers.
231	231	(b) The pilot project and the pilot project memorandum of
232	232	understanding must:
233	233	(1) be compatible with the Immigration and Nationality
234	234	Act, 8 U.S.C. Section 1101 et seq., and federal policies,
235	235	procedures, and requirements for issuing United States
236	236	nonimmigrant visas to Mexicans qualified to participate in the
237	237	pilot project, with particular attention to the following:
238	238	(A) a business in this state hiring a migrant
239	239	worker through the pilot project shall be assessed a migrant state
240	240	employment tax that shall be placed into the general revenue fund;
241	241	and
242	242	(B) the employment of the migrant worker will not
243	243	adversely affect the wages and working conditions of workers in
244	244	this state who are similarly employed;
245	245	(C) a migrant worker must prove that the migrant
246	246	worker will be gainfully employed by submitting a letter of
247	247	sponsorship from the employer. The migrant worker must remain
248	248	gainfully employed during the migrant worker's residency in this
249	249	state.
250	250	(D) a migrant worker may not seek nor be eligible
251	251	for federal or state benefits if approved under the pilot project.
252	252	(2) require that the Mexican state provide to
253	253	businesses in this state Mexican migrant workers who meet certain
254	254	requirements, including that each migrant worker:
255	255	(A) meets the legal requirements of federal law
256	256	with regard to eligibility for a United States nonimmigrant visa;
257	257	(B) passes a criminal background check;
258	258	(C) undergoes standardized testing to satisfy
259	259	the hiring business that the migrant worker possesses the requisite
260	260	level of education or skill required for the job to be filled;
261	261	(D) is issued a tamper-proof purple
262	262	identification card that includes personal information, a photo, a
263	263	fingerprint, a visa number, and an expiration date; and
264	264	(E) a migrant worker shall pay to the commission
265	265	an initial migrant processing fee of $2,000 which shall be for a 3
266	266	year period. After the completion of the 3 year period an annual
267	267	renewal fee of $250 shall be paid by the migrant; and
268	268	(F) will be notified by the Mexican state before
269	269	the expiration date of the United States nonimmigrant visa of the
270	270	date the migrant worker is required to return to Mexico; and
271	271	(3) if a migrant worker fails to return to Mexico
272	272	before expiration of the migrant worker's United States
273	273	nonimmigrant visa, require the Mexican state to notify:
274	274	(A) the business that hires the migrant worker;
275	275	(B) the advisory committee created under
276	276	Subchapter E; and
277	277	(C) United States Immigration and Customs
278	278	Enforcement.
279	279	(4) a migrant worker shall not be eligible to remain in
280	280	the state if convicted of a Class C Misdemeanor or higher. Upon
281	281	conviction a migrant worker shall face immediate deportation from
282	282	the state without the possibility of legal reentry.
283	283	(5) If a migrant worker entered the state by illegal
284	284	crossing of the Rio Grande River that migrant worker will be subject
285	285	to immediate deportation and not eligible for reentry into the
286	286	state for 5 years.
287	287	(6) a migrant worker that fails to maintain good
288	288	standing within the pilot project or does not remit payment of the
289	289	initial fee or renewal fee may be subject to immediate deportation
290	290	(7) 25% of revenue generated under Subchapter D shall
291	291	be allocated for the purpose of combating fentanyl and other
292	292	illicit drugs; 25% shall be allocated for the purpose of
293	293	infrastructure improvements and support of local law enforcement
294	294	personnel in counties adjacent to the border; and
295	295	(8) The remaining 50% of revenue generated under
296	296	Subchapter D shall be allocated to the general revenue fund.
297	297	Sec. 330.153. EXPANSION TO SIMILAR PILOT PROJECTS. (a)
298	298	After the first anniversary of the date the pilot project
299	299	memorandum of understanding is executed under Section 330.152, if
300	300	the governor determines, after consultation with the commission,
301	301	that the pilot project is successful, the governor may enter into
302	302	one or more additional memoranda of understanding to create similar
303	303	pilot projects, except that the governor may not enter into a
304	304	similar pilot project memorandum of understanding with a country:
305	305	(1) designated by the United States Department of
306	306	State as a state sponsor of terrorism;
307	307	(2) against which the United States has declared war;
308	308	or
309	309	(3) against which the United States has imposed
310	310	sanctions as listed under a sanctions program of the Office of
311	311	Foreign Assets Control within the United States Department of the
312	312	Treasury.
313	313	(b) After the governor has entered into one or more
314	314	additional memoranda of understanding under Subsection (a), the
315	315	governor, in consultation with the commission, may periodically
316	316	evaluate whether to enter into additional pilot projects subject to
317	317	the limitations of Subsections (a)(1) through (3).
318	318	(c) A memorandum of understanding creating a similar pilot
319	319	project shall comply with the requirements of Section 330.152.
320	320	(d) A similar pilot project created under this section shall
321	321	operate in a manner substantially similar to the pilot project
322	322	implemented under Section 330.151.
323	323	SUBCHAPTER E. ADVISORY COMMITTEE
324	324	Sec. 330.201. CREATION OF ADVISORY COMMITTEE. (a) The
325	325	commission shall create an advisory committee to perform the
326	326	studies required by this subchapter.
327	327	(b) The commission shall appoint at least one member of the
328	328	commission to the advisory committee.
329	329	(c) The advisory committee may work jointly with a similar
330	330	committee of a Mexican state.
331	331	Sec. 330.202. REIMBURSEMENT. A member of the advisory
332	332	committee may not receive a per diem or travel expenses.
333	333	Sec. 330.203. ADVISORY COMMITTEE DUTIES. The advisory
334	334	committee shall:
335	335	(1) study the process and results of the pilot
336	336	project;
337	337	(2) study the impact of existing federal law on the
338	338	ability to meet the needs of businesses in this state and Mexican
339	339	migrant workers;
340	340	(3) study the current United States nonimmigrant visa
341	341	application process from both the employer and employee perspective
342	342	to understand:
343	343	(A) the strengths and weaknesses of the existing
344	344	law; and
345	345	(B) the United States nonimmigrant visa process
346	346	and the implications to regional employment and security;
347	347	(4) document the state and regional economic impact
348	348	and security implications of existing law and processes;
349	349	(5) educate the populations of this state and a
350	350	Mexican state on issues to create alignment around a shared vision;
351	351	and
352	352	(6) present the committee's findings annually to the
353	353	commission in a detailed report that includes recommendations to
354	354	the commission on methods to best address the challenges of
355	355	immigration, employment, and security.
356	356	Sec. 330.204. COMMISSION RECOMMENDATIONS. (a) The
357	357	commission shall use the information generated by the advisory
358	358	committee under the pilot project to make recommendations to the
359	359	governor not later than the first anniversary after the date the
360	360	pilot project memorandum of understanding is executed.
361	361	(b) The commission shall consider including in the
362	362	recommendations:
363	363	(1) observations and market recommendations;
364	364	(2) one or more proposals to amend existing law as
365	365	necessary to accomplish the recommendations made by the commission
366	366	and to meet the realities of current economic necessities;
367	367	(3) a recommendation as to whether, and if so, to what
368	368	extent, the current caps on the H-2B United States nonimmigrant
369	369	visas should be raised; and
370	370	(4) a recommendation as to whether the wait time
371	371	between receiving H-2B United States nonimmigrant visas should be
372	372	shortened.
373	373	(c) The governor may report the recommendations of the
374	374	commission to the president of the United States, Congress, and the
375	375	United States attorney general.
376	376	SECTION 2. Not later than November 1, 2023, the governor,
377	377	lieutenant governor, and speaker of the house of representatives
378	378	shall appoint the initial public members to the Texas Commission on
379	379	Immigration and Migration as follows:
380	380	(1) the following are appointed to a three-year term:
381	381	(A) one member appointed by the lieutenant
382	382	governor;
383	383	(B) one member appointed by the speaker of the
384	384	house of representatives; and
385	385	(C) one member appointed by the governor;
386	386	(2) the following are appointed to a two-year term:
387	387	(A) one member appointed by the lieutenant
388	388	governor;
389	389	(B) one member appointed by the speaker of the
390	390	house of representatives; and
391	391	(C) one member appointed by the governor; and
392	392	(3) the following are appointed to a one-year term:
393	393	(A) one member appointed by the lieutenant
394	394	governor;
395	395	(B) one member appointed by the speaker of the
396	396	house of representatives; and
397	397	(C) two members appointed by the governor.
398	398	SECTION 3. This Act takes effect September 1, 2023.