By: Morales of Maverick H.B. No. 5208
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Commission on
Immigration and Migration and a migrant worker visa pilot project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 3, Government Code, is amended
by adding Chapter 330 to read as follows:
CHAPTER 330. TEXAS COMMISSION ON IMMIGRATION AND MIGRATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 330.001. SHORT TITLE. This chapter is known as the
Texas Commission on Immigration and Migration Act.
Sec. 330.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Commission on
Immigration and Migration.
(2) "Pilot project" means the pilot project created
under Subchapter D.
(3) "Pilot project memorandum of understanding" means
the memorandum of understanding described in Section 330.151.
(4) "State agency" means a department, board,
commission, office, or other agency in the executive, legislative,
or judicial branch of state government. The term includes an
institution of higher education as defined by Section 61.003,
Education Code.
(5) "United States nonimmigrant visa" means a visa
issued by the federal government as provided in 8 U.S.C. Sections
1101 and 1184.
SUBCHAPTER B. ESTABLISHMENT OF COMMISSION
Sec. 330.051. ESTABLISHMENT AND COMPOSITION. The Texas
Commission on Immigration and Migration is an advisory commission
composed of 26 members as follows:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) a member of the minority party in the senate chosen
by the senators who are members of that party;
(4) a member of the minority party in the house of
representatives chosen by the representatives who are members of
that party;
(5) the governor or the governor's designee;
(6) the attorney general or the attorney general's
designee;
(7) the commissioner of agriculture or the
commissioner's designee;
(8) the director of the Texas Economic Development and
Tourism Office or the director's designee;
(9) the executive director of the Texas Workforce
Commission or the executive director's designee;
(10) the comptroller or the comptroller's designee;
(11) three members of the house of representatives
appointed by the speaker of the house of representatives, not more
than two of whom may be from the same political party;
(12) three members of the public appointed by the
speaker of the house of representatives in accordance with Section
330.052;
(13) three members of the senate appointed by the
lieutenant governor, not more than two of whom may be from the same
political party;
(14) three members of the public appointed by the
lieutenant governor in accordance with Section 330.052; and
(15) four members of the public appointed by the
governor in accordance with Section 330.052.
Sec. 330.052. ELIGIBILITY OF PUBLIC MEMBERS; TERMS. (a)
Public members of the commission appointed under Section 330.051
must:
(1) be residents of this state; and
(2) be appointed with due regard for:
(A) geographic representation;
(B) diversity;
(C) education, including academic
postgraduate-level degrees related to the immigrant community in
this state; and
(D) knowledge and experience.
(b) An appointment by the lieutenant governor, the speaker
of the house of representatives, or the governor may include a
representative from:
(1) an immigrant or immigrant-serving community-based
organization;
(2) a philanthropic organization;
(3) an advocacy group;
(4) a business, including an immigrant entrepreneur;
(5) a union;
(6) academia; or
(7) a faith-based organization.
(c) Public members of the commission serve three-year
terms.
(d) A public member shall serve until a successor is
appointed and qualified.
Sec. 330.053. VACANCY. A vacancy in the membership of the
commission shall be filled for the unexpired term in the manner
provided for the original appointment.
Sec. 330.054. PRESIDING OFFICER. The governor or, at the
discretion of the governor, the lieutenant governor shall serve as
presiding officer of the commission.
Sec. 330.055. VOTE. A vote of the majority of the
commission members present when a quorum is present is an action of
the commission.
Sec. 330.056. MEETINGS. The commission shall meet at least
quarterly and at other times at the call of the presiding officer.
Sec. 330.057. COMPENSATION; REIMBURSEMENT. A member of the
commission is not entitled to compensation for the member's service
but may receive per diem and travel expenses in accordance with the
General Appropriations Act.
Sec. 330.058. STAFF. The office of the attorney general
shall staff the commission.
SUBCHAPTER C. COMMISSION POWERS AND DUTIES
Sec. 330.101. GENERAL POWERS AND DUTIES. The commission
shall:
(1) conduct a thorough review of the economic, legal,
cultural, and educational impact of illegal immigration on this
state and its political subdivisions;
(2) conduct a thorough examination of state and
federal laws relating to immigration, migration, and guest worker
programs;
(3) develop a comprehensive, coordinated, and
sustainable state plan to address:
(A) immigration and the use of migrant workers in
the state; and
(B) integration of immigrants;
(4) make legislative recommendations to the governor
and the legislature to implement the state plan described in
Subdivision (3):
(A) consistent with the respective
constitutional powers, rights, and responsibilities of the United
States and of this state; and
(B) to protect the health, safety, and welfare of
the residents of this state;
(5) advise the governor and the legislature on
proposed legislation related to immigration:
(A) to encourage a comprehensive, coordinated,
and sustainable state response to issues related to immigration;
and
(B) on request of:
(i) the governor;
(ii) the lieutenant governor;
(iii) the speaker of the house of
representatives;
(iv) a member of the minority party in the
senate chosen by the senators who are members of that party; or
(v) a member of the minority party in the
house of representatives chosen by the representatives who are
members of that party; and
(6) comply with the Migrant Worker Visa Pilot Project
under Subchapter D.
Sec. 330.102. STATE AGENCY INFORMATION. (a) The
commission may request a state agency to provide the commission
with information available to the state agency that the commission
considers necessary to discharge the commission's duties under this
chapter.
(b) A state agency shall cooperate with the commission to
furnish the commission with the information requested under
Subsection (a):
(1) to the extent not inconsistent with law;
(2) within the limits of the state agency's statutory
authority; and
(3) on as timely a basis as is necessary to accomplish
the purposes of this chapter.
Sec. 330.103. TESTIMONY; EXPERT CONSULTANTS. (a) In
performing its powers and duties, the commission may invite
testimony from the governor, legislators, state agencies, and
members of the public.
(b) The commission may consult with experts or other
knowledgeable individuals in the public or private sector on any
matter related to the commission's powers and duties under this
chapter.
Sec. 330.104. PUBLIC HEARING. The commission may hold one
or more public hearings that it considers advisable and in
locations in this state that it chooses to afford interested
persons an opportunity to appear and present views on any subject
relating to the commission's powers and duties under this chapter.
Sec. 330.105. REPORT. (a) The commission annually shall
report to the legislature and governor on its activities and
recommendations.
(a-1) The commission shall submit an initial report to the
legislature and governor not later than six months after the date of
the first meeting of the commission. The commission shall submit
its first annual report to the legislature and governor not later
than six months after the date the initial report is submitted, or
as soon as practicable after that date. This subsection expires
January 1, 2026.
(b) The commission shall provide any report submitted under
this section to the public on request.
Sec. 330.106. COLLABORATION ON INTEGRATION OF IMMIGRANTS;
EVALUATION OF STATE GOVERNMENT. (a) Consistent with the state plan
described in Section 330.101(3), the commission shall:
(1) work collaboratively with federal, state, and
local governments to facilitate integration of immigrants in this
state; and
(2) work collaboratively with businesses and
community organizations to ensure that public input into the
process is consistently maintained with regard to integration of
immigrants.
(b) The commission shall evaluate the structure and
organization of government in this state, including state agencies,
independent entities, political subdivisions, and school
districts, and advise the legislature and governor regarding the
best way to achieve immigrant integration in the delivery of
services and programs in a cost-neutral manner.
(c) In its examination of immigrant integration in this
state, the commission shall identify any measures that will bring
enhanced lawfulness, economy, efficiency, and accountability to
government operations.
SUBCHAPTER D. MIGRANT WORKER VISA PILOT PROJECT
Sec. 330.151. PILOT PROJECT MEMORANDUM OF UNDERSTANDING.
(a) With the assistance of the attorney general, the governor may
negotiate and enter into a memorandum of understanding with the
government of a state in Mexico to create the Migrant Worker Visa
Pilot Project, under which businesses in this state may obtain
legal foreign migrant workers through use of United States
nonimmigrant visas.
(b) The commission shall recommend to the legislature and
the governor policies and programs that will educate, encourage,
support, and facilitate businesses in this state in need of
temporary workers to participate in the pilot project.
Sec. 330.152. REQUIREMENTS FOR PILOT PROJECT AND PILOT
PROJECT MEMORANDUM OF UNDERSTANDING. (a) Under the pilot project
memorandum of understanding, the governor may commit this state,
including the commission, to work directly with officials of the
government of the Mexican state selected for the pilot project to
encourage, facilitate, and support the migration of legal Mexican
migrant workers from the Mexican state to this state through
expanded land ports of entry for the purpose of:
(1) filling jobs with businesses in this state most in
need of skilled and unskilled migrant labor; and
(2) improving:
(A) safety for both migrant workers and law
enforcement; and
(B) efficiency in the processing of
asylum-seeking migrant workers.
(b) The pilot project and the pilot project memorandum of
understanding must:
(1) be compatible with the Immigration and Nationality
Act, 8 U.S.C. Section 1101 et seq., and federal policies,
procedures, and requirements for issuing United States
nonimmigrant visas to Mexicans qualified to participate in the
pilot project, with particular attention to the following:
(A) a business in this state hiring a migrant
worker through the pilot project shall be assessed a migrant state
employment tax that shall be placed into the general revenue fund;
and
(B) the employment of the migrant worker will not
adversely affect the wages and working conditions of workers in
this state who are similarly employed;
(C) a migrant worker must prove that the migrant
worker will be gainfully employed by submitting a letter of
sponsorship from the employer. The migrant worker must remain
gainfully employed during the migrant worker's residency in this
state.
(D) a migrant worker may not seek nor be eligible
for federal or state benefits if approved under the pilot project.
(2) require that the Mexican state provide to
businesses in this state Mexican migrant workers who meet certain
requirements, including that each migrant worker:
(A) meets the legal requirements of federal law
with regard to eligibility for a United States nonimmigrant visa;
(B) passes a criminal background check;
(C) undergoes standardized testing to satisfy
the hiring business that the migrant worker possesses the requisite
level of education or skill required for the job to be filled;
(D) is issued a tamper-proof purple
identification card that includes personal information, a photo, a
fingerprint, a visa number, and an expiration date; and
(E) a migrant worker shall pay to the commission
an initial migrant processing fee of $2,000 which shall be for a 3
year period. After the completion of the 3 year period an annual
renewal fee of $250 shall be paid by the migrant; and
(F) will be notified by the Mexican state before
the expiration date of the United States nonimmigrant visa of the
date the migrant worker is required to return to Mexico; and
(3) if a migrant worker fails to return to Mexico
before expiration of the migrant worker's United States
nonimmigrant visa, require the Mexican state to notify:
(A) the business that hires the migrant worker;
(B) the advisory committee created under
Subchapter E; and
(C) United States Immigration and Customs
Enforcement.
(4) a migrant worker shall not be eligible to remain in
the state if convicted of a Class C Misdemeanor or higher. Upon
conviction a migrant worker shall face immediate deportation from
the state without the possibility of legal reentry.
(5) If a migrant worker entered the state by illegal
crossing of the Rio Grande River that migrant worker will be subject
to immediate deportation and not eligible for reentry into the
state for 5 years.
(6) a migrant worker that fails to maintain good
standing within the pilot project or does not remit payment of the
initial fee or renewal fee may be subject to immediate deportation
(7) 25% of revenue generated under Subchapter D shall
be allocated for the purpose of combating fentanyl and other
illicit drugs; 25% shall be allocated for the purpose of
infrastructure improvements and support of local law enforcement
personnel in counties adjacent to the border; and
(8) The remaining 50% of revenue generated under
Subchapter D shall be allocated to the general revenue fund.
Sec. 330.153. EXPANSION TO SIMILAR PILOT PROJECTS. (a)
After the first anniversary of the date the pilot project
memorandum of understanding is executed under Section 330.152, if
the governor determines, after consultation with the commission,
that the pilot project is successful, the governor may enter into
one or more additional memoranda of understanding to create similar
pilot projects, except that the governor may not enter into a
similar pilot project memorandum of understanding with a country:
(1) designated by the United States Department of
State as a state sponsor of terrorism;
(2) against which the United States has declared war;
or
(3) against which the United States has imposed
sanctions as listed under a sanctions program of the Office of
Foreign Assets Control within the United States Department of the
Treasury.
(b) After the governor has entered into one or more
additional memoranda of understanding under Subsection (a), the
governor, in consultation with the commission, may periodically
evaluate whether to enter into additional pilot projects subject to
the limitations of Subsections (a)(1) through (3).
(c) A memorandum of understanding creating a similar pilot
project shall comply with the requirements of Section 330.152.
(d) A similar pilot project created under this section shall
operate in a manner substantially similar to the pilot project
implemented under Section 330.151.
SUBCHAPTER E. ADVISORY COMMITTEE
Sec. 330.201. CREATION OF ADVISORY COMMITTEE. (a) The
commission shall create an advisory committee to perform the
studies required by this subchapter.
(b) The commission shall appoint at least one member of the
commission to the advisory committee.
(c) The advisory committee may work jointly with a similar
committee of a Mexican state.
Sec. 330.202. REIMBURSEMENT. A member of the advisory
committee may not receive a per diem or travel expenses.
Sec. 330.203. ADVISORY COMMITTEE DUTIES. The advisory
committee shall:
(1) study the process and results of the pilot
project;
(2) study the impact of existing federal law on the
ability to meet the needs of businesses in this state and Mexican
migrant workers;
(3) study the current United States nonimmigrant visa
application process from both the employer and employee perspective
to understand:
(A) the strengths and weaknesses of the existing
law; and
(B) the United States nonimmigrant visa process
and the implications to regional employment and security;
(4) document the state and regional economic impact
and security implications of existing law and processes;
(5) educate the populations of this state and a
Mexican state on issues to create alignment around a shared vision;
and
(6) present the committee's findings annually to the
commission in a detailed report that includes recommendations to
the commission on methods to best address the challenges of
immigration, employment, and security.
Sec. 330.204. COMMISSION RECOMMENDATIONS. (a) The
commission shall use the information generated by the advisory
committee under the pilot project to make recommendations to the
governor not later than the first anniversary after the date the
pilot project memorandum of understanding is executed.
(b) The commission shall consider including in the
recommendations:
(1) observations and market recommendations;
(2) one or more proposals to amend existing law as
necessary to accomplish the recommendations made by the commission
and to meet the realities of current economic necessities;
(3) a recommendation as to whether, and if so, to what
extent, the current caps on the H-2B United States nonimmigrant
visas should be raised; and
(4) a recommendation as to whether the wait time
between receiving H-2B United States nonimmigrant visas should be
shortened.
(c) The governor may report the recommendations of the
commission to the president of the United States, Congress, and the
United States attorney general.
SECTION 2. Not later than November 1, 2023, the governor,
lieutenant governor, and speaker of the house of representatives
shall appoint the initial public members to the Texas Commission on
Immigration and Migration as follows:
(1) the following are appointed to a three-year term:
(A) one member appointed by the lieutenant
governor;
(B) one member appointed by the speaker of the
house of representatives; and
(C) one member appointed by the governor;
(2) the following are appointed to a two-year term:
(A) one member appointed by the lieutenant
governor;
(B) one member appointed by the speaker of the
house of representatives; and
(C) one member appointed by the governor; and
(3) the following are appointed to a one-year term:
(A) one member appointed by the lieutenant
governor;
(B) one member appointed by the speaker of the
house of representatives; and
(C) two members appointed by the governor.
SECTION 3. This Act takes effect September 1, 2023.