88S30966 SCP/MZM-D
By: Hall S.B. No. 81
A BILL TO BE ENTITLED
AN ACT
relating to certain laws that regulate aspects of illegal
immigration in this state, including laws pertaining to the DNA
records of certain persons subject to an immigration detainer
request, the recognition of certain out-of-state driver's
licenses, inviting certain federal agencies to participate on the
homeland security council, the reporting of certain uncompensated
hospital care costs, and certain requirements for participation in
the E-verify program; increasing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DNA RECORDS OF CERTAIN PERSONS SUBJECT TO IMMIGRATION
DETAINER REQUEST
SECTION 1.01. Article 2.251(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A law enforcement agency that has custody of a person
subject to an immigration detainer request issued by United States
Immigration and Customs Enforcement shall:
(1) comply with, honor, and fulfill any request made
in the detainer request provided by the federal government; [and]
(2) inform the person that the person is being held
pursuant to an immigration detainer request issued by United States
Immigration and Customs Enforcement; and
(3) require the person to provide one or more
specimens for the purpose of creating a DNA record.
SECTION 1.02. Section 411.142(g), Government Code, is
amended to read as follows:
(g) The DNA database may contain DNA records for the
following:
(1) an individual described by this subchapter,
including Section 411.1471, 411.148, or 411.154;
(2) a biological specimen that is legally obtained in
the investigation of a crime, regardless of origin;
(3) results of testing ordered by a court under this
subchapter, Article 64.03, Code of Criminal Procedure, or other law
permitting or requiring the creation of a DNA record;
(4) an unidentified missing person, or unidentified
skeletal remains or body parts;
(5) a close biological relative of a person who has
been reported missing to a law enforcement agency;
(6) a person at risk of becoming lost, such as a child
or a person declared by a court to be mentally incapacitated, if the
record is required by court order or a parent, conservator, or
guardian of the person consents to the record; [or]
(7) an unidentified person, if the record does not
contain personal identifying information; or
(8) a person who is:
(A) subject to an immigration detainer request
issued by United States Immigration and Customs Enforcement; and
(B) in the custody of a law enforcement agency in
accordance with Article 2.251, Code of Criminal Procedure.
ARTICLE 2. CERTAIN OUT-OF-STATE DRIVER'S LICENSES NOT RECOGNIZED
SECTION 2.01. Section 521.025, Transportation Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) A person who violates this section commits an offense.
Subject to Subsection (c-1), an [An] offense under this subsection
is a misdemeanor punishable by a fine not to exceed $200, except
that:
(1) for a second conviction within one year after the
date of the first conviction, the offense is a misdemeanor
punishable by a fine of not less than $25 or more than $200;
(2) for a third or subsequent conviction within one
year after the date of the second conviction the offense is a
misdemeanor punishable by:
(A) a fine of not less than $25 or more than $500;
(B) confinement in the county jail for not less
than 72 hours or more than six months; or
(C) both the fine and confinement; and
(3) if it is shown on the trial of the offense that at
the time of the offense the person was operating the motor vehicle
in violation of Section 601.191 and caused or was at fault in a
motor vehicle collision that resulted in serious bodily injury to
or the death of another person, an offense under this section is a
Class A misdemeanor.
(c-1) An offense under this section is a Class C misdemeanor
if it is shown on the trial of the offense that at the time of the
offense the person was operating the motor vehicle under the
authority of an unrecognized out-of-state driver's license
described by Section 521.0301(a).
SECTION 2.02. Section 521.029(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Section 521.0301, a [A] person who
enters this state as a new resident may operate a motor vehicle in
this state for no more than 90 days after the date on which the
person enters this state if the person:
(1) is 16 years of age or older; and
(2) has in the person's possession a driver's license
issued to the person by the person's state or country of previous
residence.
SECTION 2.03. Section 521.030, Transportation Code, is
amended to read as follows:
Sec. 521.030. RECIPROCAL LICENSE. (a) Except as provided
by Section 521.0301, a [A] nonresident who is 18 years of age or
older and who has in the person's possession a license issued to the
person by the person's state or country of residence that is similar
to a Class A or Class B driver's license issued under this chapter
is not required to hold a Class A or Class B driver's license issued
under this chapter if that state or country of residence recognizes
such a license issued by this state and exempts the holder from
securing a license issued by the state or foreign country.
(b) Except as provided by Section 521.0301, a [A]
nonresident who is 16 years of age or older and who has in the
person's possession a driver's license issued to the person by the
person's state or Canadian province of residence may operate a type
of motor vehicle that is permitted to be operated with a Class C or
Class M driver's license in this state if the license held by the
nonresident permits operation of that type of vehicle in the
person's state or province of residence.
SECTION 2.04. Subchapter B, Chapter 521, Transportation
Code, is amended by adding Section 521.0301 to read as follows:
Sec. 521.0301. CERTAIN OUT-OF-STATE DRIVER'S LICENSES NOT
RECOGNIZED. (a) Notwithstanding any other provision of law, a
person may not operate a motor vehicle in this state under the
authority of a driver's license issued by a state that does not
require a person to provide proof of United States citizenship or
legal residence as a condition of receiving the license.
(b) The department shall establish and maintain on the
department's Internet website a list of states that do not require a
person to provide proof of United States citizenship or legal
residence as a condition of receiving a driver's license.
ARTICLE 3. INVITATION TO CERTAIN FEDERAL AGENCIES TO PARTICIPATE
ON THE HOMELAND SECURITY COUNCIL
SECTION 3.01. Subchapter B, Chapter 421, Government Code,
is amended by adding Section 421.0211 to read as follows:
Sec. 421.0211. FEDERAL ADVISORS. The governor shall extend
an invitation to each of the following federal agencies to appoint a
member of the agency to the council:
(1) the United States Department of Homeland Security;
(2) United States Immigration and Customs
Enforcement; and
(3) United States Customs and Border Protection.
ARTICLE 4. REPORTING REQUIREMENTS RELATING TO CERTAIN
UNCOMPENSATED HOSPITAL CARE COSTS
SECTION 4.01. Subchapter O, Chapter 531, Government Code,
is amended by adding Section 531.552 to read as follows:
Sec. 531.552. ANNUAL REPORT ON UNCOMPENSATED HOSPITAL CARE
PROVIDED TO PERSONS NOT LAWFULLY PRESENT. (a) In this section:
(1) "Person not lawfully present" means a person who,
at the time health care services are provided, is not:
(A) a citizen or national of the United States;
or
(B) an alien who is lawfully admitted for
permanent residence in the United States under the federal
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or
authorized to be employed by that Act or the United States attorney
general.
(2) "Uncompensated hospital care" has the meaning
adopted under Section 531.551.
(b) Not later than November 1 of each year, the commission
shall prepare and submit to the governor and the legislature a
written report for the preceding state fiscal year on:
(1) the cost of uncompensated hospital care incurred
by hospitals in this state to provide health care services to
patients who were persons not lawfully present; and
(2) the impact that incurring the costs described by
Subdivision (1) had on those hospitals.
(c) For purposes of preparing the report required by
Subsection (b), the executive commissioner by rule shall require
each hospital in this state that provides uncompensated hospital
care to:
(1) include on the hospital's patient intake form:
(A) a question regarding the patient's
citizenship or immigration status; and
(B) a statement that the patient's response to
that question will not:
(i) affect any health care service provided
to the patient; or
(ii) result in a report of the patient's
citizenship or immigration status to a law enforcement agency; and
(2) quarterly submit to the commission in the manner
and format prescribed by the commission a written report on:
(A) the number of patients who received health
care services from the hospital during the preceding quarter who
were persons not lawfully present;
(B) the total cost of uncompensated hospital care
incurred by the hospital as a result of providing health care
services to the patients who were persons not lawfully present; and
(C) the impact on the hospital of providing
uncompensated hospital care to patients who were persons not
lawfully present.
(d) A patient's response to the question described by
Subsection (c)(1)(A) may not:
(1) affect the health care services provided to the
patient; or
(2) result in a report of the patient’s citizenship or
immigration status to a law enforcement agency.
(e) The commission shall ensure the reports required under
this section do not include any personal identifying information.
ARTICLE 5. CERTAIN REQUIREMENTS FOR PARTICIPATION IN THE FEDERAL
ELECTRONIC VERIFICATION OF EMPLOYMENT AUTHORIZATION PROGRAM, OR
E-VERIFY
SECTION 5.01. The heading to Chapter 2264, Government Code,
is amended to read as follows:
CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC
SUBSIDIES AND STATE CONTRACTS
SECTION 5.02. Section 2264.101, Government Code, is
transferred to Subchapter B, Chapter 2264, Government Code,
redesignated as Section 2264.054, Government Code, and amended to
read as follows:
Sec. 2264.054 [2264.101]. RECOVERY. (a) A public agency,
local taxing jurisdiction, or economic development corporation, or
the attorney general on behalf of the state or a state agency, may
bring a civil action to recover any amounts owed to the public
agency, state or local taxing jurisdiction, or economic development
corporation under this subchapter [chapter].
(b) The public agency, local taxing jurisdiction, economic
development corporation, or attorney general, as applicable, shall
recover court costs and reasonable attorney's fees incurred in an
action brought under Subsection (a).
(c) A business is not liable for a violation of this
subchapter [chapter] by a subsidiary, affiliate, or franchisee of
the business, or by a person with whom the business contracts.
SECTION 5.03. The heading to Subchapter C, Chapter 2264,
Government Code, is amended to read as follows:
SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT]
SECTION 5.04. Subchapter C, Chapter 2264, Government Code,
is amended by adding Sections 2264.1011, 2264.102, 2264.103,
2264.104, and 2264.105 to read as follows:
Sec. 2264.1011. DEFINITIONS. In this subchapter:
(1) "E-verify program" has the meaning assigned by
Section 673.001.
(2) "State agency" has the meaning assigned by Section
2103.001.
Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state
agency may not award a contract for goods or services within this
state to a contractor unless the contractor and any subcontractor
register with and participate in the E-verify program to verify
employee information. The contractor and any subcontractor must
continue to participate in the program during the term of the
contract.
(b) Each contract with a state agency must include the
following statement:
"______________ (name of contractor) certifies that
__________ (name of contractor) is not ineligible to receive this
contract under Subchapter C, Chapter 2264, Government Code, and
acknowledges that if this certification is inaccurate or becomes
inaccurate during the term of the contract, the contractor may be
barred from participating in state contracts."
(c) If a state agency determines that a contractor was
ineligible to have the contract awarded under Subsection (a), that
a contractor has ceased participation in the E-verify program
during the term of the contract, or that a subcontractor is not
registered with or is not participating in the E-verify program,
the state agency shall terminate the contract and refer the matter
to the comptroller for action.
(d) Each state agency shall develop procedures for the
administration of this section.
Sec. 2264.103. EXCEPTION. A contractor or subcontractor
under a contract to which Section 2264.102 applies is not required
to verify employee information through the E-verify program during
any year for which the federal government has not funded the
E-verify program.
Sec. 2264.104. BARRING FROM STATE CONTRACTS. (a) Using
procedures prescribed under Section 2155.077, the comptroller may
bar a contractor from participating in state contracts if the
comptroller determines that the contractor:
(1) was awarded a contract in violation of Section
2264.102;
(2) has ceased participation in the E-verify program
during the term of the contract; or
(3) knowingly hired a subcontractor, other than a
subcontractor who acts exclusively as a supplier for the contract,
to perform work under the contract who is not registered with or is
not participating in the E-verify program.
(b) Debarment under this section is for a period of one year
except that the debarment may be extended by the comptroller for
additional one-year periods if the comptroller determines that the
grounds for debarment under this section continue to exist.
(c) It is an affirmative defense to a debarment proceeding
under this section that the contractor did not know that a
subcontractor hired to perform work under the contract is not
registered with or is not participating in the E-verify program.
Sec. 2264.105. CONTRACT TERMINATION. If a state agency
terminates a contract for a reason described by Section
2264.102(c), the agency may require the contractor to pay any costs
associated with the termination.
SECTION 5.05. Subtitle B, Title 2, Labor Code, is amended by
adding Chapter 53 to read as follows:
CHAPTER 53. VERIFICATION OF EMPLOYEE INFORMATION
Sec. 53.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Employee" means an individual who is employed by
an employer for compensation. The term includes an individual
employed on a part-time basis.
(3) "Employer" means a person, other than a
governmental entity or a sole proprietorship, who:
(A) employs one or more employees; or
(B) acts directly or indirectly in the interests
of an employer in relation to an employee.
(4) "Employment" means any service, including service
in interstate commerce, that is performed for wages or under a
contract of hire, whether written or oral or express or implied.
The term does not include any service performed by an individual for
wages if it is shown that the individual is free from control or
direction in the performance of the service, both under any
contract of service and in fact.
(5) "E-verify program" has the meaning assigned by
Section 673.001, Government Code.
(6) "Person not lawfully present" means a person who,
at the time of employment, is not:
(A) a citizen or national of the United States;
or
(B) an alien who is lawfully admitted for
permanent residence in the United States under the federal
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or
authorized to be employed by that Act or the United States attorney
general.
Sec. 53.002. EMPLOYEE STATUS. An employer may not classify
an individual performing services for the employer as an
independent contractor instead of as an employee of the employer
solely for the purpose of avoiding the requirements applicable to
an employer under this chapter.
Sec. 53.003. VERIFICATION AND RECORDS. (a) An employer
shall register and participate in the E-verify program to verify
information of all new employees.
(b) The employer must verify a new employee's information
not later than the third business day of the employee's employment.
If the E-verify program is unavailable during the first three
business days of the new employee's employment, the employer must
verify the employee's information by submitting the employment
eligibility verification form commonly referred to as the I-9 to
the appropriate governmental entity.
(c) An employer shall maintain a record of an employee
verification for at least three years.
Sec. 53.004. EXCEPTION. (a) An employer is not required to
verify employee information through the E-verify program during any
year for which the federal government has not funded the E-verify
program.
(b) For purposes of this section, Section 2264.103,
Government Code, and Section 181.003, Local Government Code, the
commission shall:
(1) monitor whether the federal government has funded
the E-verify program for the current year; and
(2) maintain in a conspicuous location on the
commission's Internet website updated information regarding
whether the federal government has funded the E-verify program for
the current year.
Sec. 53.005. ENFORCEMENT BY STATE AGENCIES; RULES. (a)
Notwithstanding any other law, each appropriate state agency shall
ensure that employers in this state comply with Section 53.003 and
may require compliance with that section as a condition of a
license, certificate, registration, permit, or other authorization
issued by the agency that is required for a person to practice or
engage in a particular business, occupation, or profession in this
state.
(b) Notwithstanding any other law, if a state agency that
issues a license, certificate, registration, permit, or other
authorization for a person to practice or engage in a particular
business, occupation, or profession in this state determines that
an employer's failure to comply with Section 53.003 has resulted in
the employer's employment of a person not lawfully present, the
state agency may:
(1) suspend or revoke any license, certificate,
registration, permit, or other authorization issued by the agency
to the employer, as follows:
(A) for an employer who employs at least one but
not more than 10 persons not lawfully present, suspension for 30
days;
(B) for an employer who employs at least 11 but
not more than 50 persons not lawfully present, suspension for 60
days; and
(C) for an employer who employs 51 or more
persons not lawfully present, permanent revocation; and
(2) if applicable, require the employer to pay back
any economic development funds received as part of an economic
development program administered by this state.
(c) A proceeding under Subsection (b) is subject to Chapter
2001, Government Code.
(d) Each appropriate state agency shall adopt rules and
prescribe forms as necessary to implement this section.
SECTION 5.06. Subtitle C, Title 5, Local Government Code,
is amended by adding Chapter 181 to read as follows:
CHAPTER 181. VERIFICATION OF EMPLOYEE INFORMATION
Sec. 181.001. DEFINITIONS. In this chapter:
(1) "E-verify program" has the meaning assigned by
Section 673.001, Government Code.
(2) "Political subdivision" means a county,
municipality, school district, junior college district, other
special district, or other subdivision of state government.
Sec. 181.002. VERIFICATION AND RECORDS. (a) A political
subdivision shall register and participate in the E-verify program
to verify information of all new employees.
(b) The political subdivision must verify a new employee's
information not later than the third business day of the employee's
employment. If the E-verify program is unavailable during the
first three business days of the new employee's employment, the
political subdivision must verify the employee's information by
submitting the employment eligibility verification form commonly
referred to as the I-9 to the appropriate governmental entity.
(c) A political subdivision shall maintain a record of an
employee verification for at least three years.
Sec. 181.003. EXCEPTION. A political subdivision is not
required to verify employee information through the E-verify
program during any year for which the federal government has not
funded the E-verify program.
Sec. 181.004. TERMINATION OF EMPLOYMENT. An employee of a
political subdivision who is responsible for verifying information
of new employees of the political subdivision as required by
Section 181.002 is subject to immediate termination of employment
if the employee fails to comply with that section.
ARTICLE 6. TRANSITIONS AND EFFECTIVE DATE
SECTION 6.01. Article 2.251, Code of Criminal Procedure, as
amended by this Act, applies only to a person arrested or otherwise
taken into custody by a law enforcement agency on or after the
effective date of this Act.
SECTION 6.02. As soon as practicable after the effective
date of this Act, the governor shall extend an invitation to each
federal agency described by Section 421.0211, Government Code, as
added by this Act, for membership to the Homeland Security Council
established under Subchapter B, Chapter 421, Government Code.
SECTION 6.03. (a) As soon as practicable after the
effective date of this Act, the executive commissioner of the
Health and Human Services Commission shall adopt the rules required
by Section 531.552, Government Code, as added by this Act.
(b) Notwithstanding Section 531.552, Government Code, as
added by this Act, the Health and Human Services Commission is not
required to submit the initial report required by that section
until November 1, 2025.
SECTION 6.04. Each state agency subject to Subchapter C,
Chapter 2264, Government Code, as amended by this Act, shall
develop the procedures required under Section 2264.102(d),
Government Code, as added by this Act, not later than December 31,
2024.
SECTION 6.05. Sections 2264.1011, 2264.102, 2264.103,
2264.104, and 2264.105, Government Code, as added by this Act,
apply only in relation to a contract entered into on or after
January 1, 2025.
SECTION 6.06. As soon as practicable after the effective
date of this Act, each appropriate state agency subject to Section
53.005, Labor Code, as added by this Act, shall adopt rules and
prescribe forms as required by that section.
SECTION 6.07. Sections 53.003, Labor Code, and 181.002,
Local Government Code, as added by this Act, apply beginning
January 1, 2025.
SECTION 6.08. This Act takes effect on the 91st day after
the last day of the legislative session.