Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB81 Compare Versions

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1	1	88S30966 SCP/MZM-D
2	2	By: Hall S.B. No. 81
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain laws that regulate aspects of illegal
8	8	immigration in this state, including laws pertaining to the DNA
9	9	records of certain persons subject to an immigration detainer
10	10	request, the recognition of certain out-of-state driver's
11	11	licenses, inviting certain federal agencies to participate on the
12	12	homeland security council, the reporting of certain uncompensated
13	13	hospital care costs, and certain requirements for participation in
14	14	the E-verify program; increasing a criminal penalty.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	ARTICLE 1. DNA RECORDS OF CERTAIN PERSONS SUBJECT TO IMMIGRATION
17	17	DETAINER REQUEST
18	18	SECTION 1.01. Article 2.251(a), Code of Criminal Procedure,
19	19	is amended to read as follows:
20	20	(a) A law enforcement agency that has custody of a person
21	21	subject to an immigration detainer request issued by United States
22	22	Immigration and Customs Enforcement shall:
23	23	(1) comply with, honor, and fulfill any request made
24	24	in the detainer request provided by the federal government; [and]
25	25	(2) inform the person that the person is being held
26	26	pursuant to an immigration detainer request issued by United States
27	27	Immigration and Customs Enforcement; and
28	28	(3) require the person to provide one or more
29	29	specimens for the purpose of creating a DNA record.
30	30	SECTION 1.02. Section 411.142(g), Government Code, is
31	31	amended to read as follows:
32	32	(g) The DNA database may contain DNA records for the
33	33	following:
34	34	(1) an individual described by this subchapter,
35	35	including Section 411.1471, 411.148, or 411.154;
36	36	(2) a biological specimen that is legally obtained in
37	37	the investigation of a crime, regardless of origin;
38	38	(3) results of testing ordered by a court under this
39	39	subchapter, Article 64.03, Code of Criminal Procedure, or other law
40	40	permitting or requiring the creation of a DNA record;
41	41	(4) an unidentified missing person, or unidentified
42	42	skeletal remains or body parts;
43	43	(5) a close biological relative of a person who has
44	44	been reported missing to a law enforcement agency;
45	45	(6) a person at risk of becoming lost, such as a child
46	46	or a person declared by a court to be mentally incapacitated, if the
47	47	record is required by court order or a parent, conservator, or
48	48	guardian of the person consents to the record; [or]
49	49	(7) an unidentified person, if the record does not
50	50	contain personal identifying information; or
51	51	(8) a person who is:
52	52	(A) subject to an immigration detainer request
53	53	issued by United States Immigration and Customs Enforcement; and
54	54	(B) in the custody of a law enforcement agency in
55	55	accordance with Article 2.251, Code of Criminal Procedure.
56	56	ARTICLE 2. CERTAIN OUT-OF-STATE DRIVER'S LICENSES NOT RECOGNIZED
57	57	SECTION 2.01. Section 521.025, Transportation Code, is
58	58	amended by amending Subsection (c) and adding Subsection (c-1) to
59	59	read as follows:
60	60	(c) A person who violates this section commits an offense.
61	61	Subject to Subsection (c-1), an [An] offense under this subsection
62	62	is a misdemeanor punishable by a fine not to exceed $200, except
63	63	that:
64	64	(1) for a second conviction within one year after the
65	65	date of the first conviction, the offense is a misdemeanor
66	66	punishable by a fine of not less than $25 or more than $200;
67	67	(2) for a third or subsequent conviction within one
68	68	year after the date of the second conviction the offense is a
69	69	misdemeanor punishable by:
70	70	(A) a fine of not less than $25 or more than $500;
71	71	(B) confinement in the county jail for not less
72	72	than 72 hours or more than six months; or
73	73	(C) both the fine and confinement; and
74	74	(3) if it is shown on the trial of the offense that at
75	75	the time of the offense the person was operating the motor vehicle
76	76	in violation of Section 601.191 and caused or was at fault in a
77	77	motor vehicle collision that resulted in serious bodily injury to
78	78	or the death of another person, an offense under this section is a
79	79	Class A misdemeanor.
80	80	(c-1) An offense under this section is a Class C misdemeanor
81	81	if it is shown on the trial of the offense that at the time of the
82	82	offense the person was operating the motor vehicle under the
83	83	authority of an unrecognized out-of-state driver's license
84	84	described by Section 521.0301(a).
85	85	SECTION 2.02. Section 521.029(a), Transportation Code, is
86	86	amended to read as follows:
87	87	(a) Except as provided by Section 521.0301, a [A] person who
88	88	enters this state as a new resident may operate a motor vehicle in
89	89	this state for no more than 90 days after the date on which the
90	90	person enters this state if the person:
91	91	(1) is 16 years of age or older; and
92	92	(2) has in the person's possession a driver's license
93	93	issued to the person by the person's state or country of previous
94	94	residence.
95	95	SECTION 2.03. Section 521.030, Transportation Code, is
96	96	amended to read as follows:
97	97	Sec. 521.030. RECIPROCAL LICENSE. (a) Except as provided
98	98	by Section 521.0301, a [A] nonresident who is 18 years of age or
99	99	older and who has in the person's possession a license issued to the
100	100	person by the person's state or country of residence that is similar
101	101	to a Class A or Class B driver's license issued under this chapter
102	102	is not required to hold a Class A or Class B driver's license issued
103	103	under this chapter if that state or country of residence recognizes
104	104	such a license issued by this state and exempts the holder from
105	105	securing a license issued by the state or foreign country.
106	106	(b) Except as provided by Section 521.0301, a [A]
107	107	nonresident who is 16 years of age or older and who has in the
108	108	person's possession a driver's license issued to the person by the
109	109	person's state or Canadian province of residence may operate a type
110	110	of motor vehicle that is permitted to be operated with a Class C or
111	111	Class M driver's license in this state if the license held by the
112	112	nonresident permits operation of that type of vehicle in the
113	113	person's state or province of residence.
114	114	SECTION 2.04. Subchapter B, Chapter 521, Transportation
115	115	Code, is amended by adding Section 521.0301 to read as follows:
116	116	Sec. 521.0301. CERTAIN OUT-OF-STATE DRIVER'S LICENSES NOT
117	117	RECOGNIZED. (a) Notwithstanding any other provision of law, a
118	118	person may not operate a motor vehicle in this state under the
119	119	authority of a driver's license issued by a state that does not
120	120	require a person to provide proof of United States citizenship or
121	121	legal residence as a condition of receiving the license.
122	122	(b) The department shall establish and maintain on the
123	123	department's Internet website a list of states that do not require a
124	124	person to provide proof of United States citizenship or legal
125	125	residence as a condition of receiving a driver's license.
126	126	ARTICLE 3. INVITATION TO CERTAIN FEDERAL AGENCIES TO PARTICIPATE
127	127	ON THE HOMELAND SECURITY COUNCIL
128	128	SECTION 3.01. Subchapter B, Chapter 421, Government Code,
129	129	is amended by adding Section 421.0211 to read as follows:
130	130	Sec. 421.0211. FEDERAL ADVISORS. The governor shall extend
131	131	an invitation to each of the following federal agencies to appoint a
132	132	member of the agency to the council:
133	133	(1) the United States Department of Homeland Security;
134	134	(2) United States Immigration and Customs
135	135	Enforcement; and
136	136	(3) United States Customs and Border Protection.
137	137	ARTICLE 4. REPORTING REQUIREMENTS RELATING TO CERTAIN
138	138	UNCOMPENSATED HOSPITAL CARE COSTS
139	139	SECTION 4.01. Subchapter O, Chapter 531, Government Code,
140	140	is amended by adding Section 531.552 to read as follows:
141	141	Sec. 531.552. ANNUAL REPORT ON UNCOMPENSATED HOSPITAL CARE
142	142	PROVIDED TO PERSONS NOT LAWFULLY PRESENT. (a) In this section:
143	143	(1) "Person not lawfully present" means a person who,
144	144	at the time health care services are provided, is not:
145	145	(A) a citizen or national of the United States;
146	146	or
147	147	(B) an alien who is lawfully admitted for
148	148	permanent residence in the United States under the federal
149	149	Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or
150	150	authorized to be employed by that Act or the United States attorney
151	151	general.
152	152	(2) "Uncompensated hospital care" has the meaning
153	153	adopted under Section 531.551.
154	154	(b) Not later than November 1 of each year, the commission
155	155	shall prepare and submit to the governor and the legislature a
156	156	written report for the preceding state fiscal year on:
157	157	(1) the cost of uncompensated hospital care incurred
158	158	by hospitals in this state to provide health care services to
159	159	patients who were persons not lawfully present; and
160	160	(2) the impact that incurring the costs described by
161	161	Subdivision (1) had on those hospitals.
162	162	(c) For purposes of preparing the report required by
163	163	Subsection (b), the executive commissioner by rule shall require
164	164	each hospital in this state that provides uncompensated hospital
165	165	care to:
166	166	(1) include on the hospital's patient intake form:
167	167	(A) a question regarding the patient's
168	168	citizenship or immigration status; and
169	169	(B) a statement that the patient's response to
170	170	that question will not:
171	171	(i) affect any health care service provided
172	172	to the patient; or
173	173	(ii) result in a report of the patient's
174	174	citizenship or immigration status to a law enforcement agency; and
175	175	(2) quarterly submit to the commission in the manner
176	176	and format prescribed by the commission a written report on:
177	177	(A) the number of patients who received health
178	178	care services from the hospital during the preceding quarter who
179	179	were persons not lawfully present;
180	180	(B) the total cost of uncompensated hospital care
181	181	incurred by the hospital as a result of providing health care
182	182	services to the patients who were persons not lawfully present; and
183	183	(C) the impact on the hospital of providing
184	184	uncompensated hospital care to patients who were persons not
185	185	lawfully present.
186	186	(d) A patient's response to the question described by
187	187	Subsection (c)(1)(A) may not:
188	188	(1) affect the health care services provided to the
189	189	patient; or
190	190	(2) result in a report of the patient’s citizenship or
191	191	immigration status to a law enforcement agency.
192	192	(e) The commission shall ensure the reports required under
193	193	this section do not include any personal identifying information.
194	194	ARTICLE 5. CERTAIN REQUIREMENTS FOR PARTICIPATION IN THE FEDERAL
195	195	ELECTRONIC VERIFICATION OF EMPLOYMENT AUTHORIZATION PROGRAM, OR
196	196	E-VERIFY
197	197	SECTION 5.01. The heading to Chapter 2264, Government Code,
198	198	is amended to read as follows:
199	199	CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC
200	200	SUBSIDIES AND STATE CONTRACTS
201	201	SECTION 5.02. Section 2264.101, Government Code, is
202	202	transferred to Subchapter B, Chapter 2264, Government Code,
203	203	redesignated as Section 2264.054, Government Code, and amended to
204	204	read as follows:
205	205	Sec. 2264.054 [2264.101]. RECOVERY. (a) A public agency,
206	206	local taxing jurisdiction, or economic development corporation, or
207	207	the attorney general on behalf of the state or a state agency, may
208	208	bring a civil action to recover any amounts owed to the public
209	209	agency, state or local taxing jurisdiction, or economic development
210	210	corporation under this subchapter [chapter].
211	211	(b) The public agency, local taxing jurisdiction, economic
212	212	development corporation, or attorney general, as applicable, shall
213	213	recover court costs and reasonable attorney's fees incurred in an
214	214	action brought under Subsection (a).
215	215	(c) A business is not liable for a violation of this
216	216	subchapter [chapter] by a subsidiary, affiliate, or franchisee of
217	217	the business, or by a person with whom the business contracts.
218	218	SECTION 5.03. The heading to Subchapter C, Chapter 2264,
219	219	Government Code, is amended to read as follows:
220	220	SUBCHAPTER C. E-VERIFY PROGRAM [ENFORCEMENT]
221	221	SECTION 5.04. Subchapter C, Chapter 2264, Government Code,
222	222	is amended by adding Sections 2264.1011, 2264.102, 2264.103,
223	223	2264.104, and 2264.105 to read as follows:
224	224	Sec. 2264.1011. DEFINITIONS. In this subchapter:
225	225	(1) "E-verify program" has the meaning assigned by
226	226	Section 673.001.
227	227	(2) "State agency" has the meaning assigned by Section
228	228	2103.001.
229	229	Sec. 2264.102. VERIFICATION BY CONTRACTORS. (a) A state
230	230	agency may not award a contract for goods or services within this
231	231	state to a contractor unless the contractor and any subcontractor
232	232	register with and participate in the E-verify program to verify
233	233	employee information. The contractor and any subcontractor must
234	234	continue to participate in the program during the term of the
235	235	contract.
236	236	(b) Each contract with a state agency must include the
237	237	following statement:
238	238	"______________ (name of contractor) certifies that
239	239	__________ (name of contractor) is not ineligible to receive this
240	240	contract under Subchapter C, Chapter 2264, Government Code, and
241	241	acknowledges that if this certification is inaccurate or becomes
242	242	inaccurate during the term of the contract, the contractor may be
243	243	barred from participating in state contracts."
244	244	(c) If a state agency determines that a contractor was
245	245	ineligible to have the contract awarded under Subsection (a), that
246	246	a contractor has ceased participation in the E-verify program
247	247	during the term of the contract, or that a subcontractor is not
248	248	registered with or is not participating in the E-verify program,
249	249	the state agency shall terminate the contract and refer the matter
250	250	to the comptroller for action.
251	251	(d) Each state agency shall develop procedures for the
252	252	administration of this section.
253	253	Sec. 2264.103. EXCEPTION. A contractor or subcontractor
254	254	under a contract to which Section 2264.102 applies is not required
255	255	to verify employee information through the E-verify program during
256	256	any year for which the federal government has not funded the
257	257	E-verify program.
258	258	Sec. 2264.104. BARRING FROM STATE CONTRACTS. (a) Using
259	259	procedures prescribed under Section 2155.077, the comptroller may
260	260	bar a contractor from participating in state contracts if the
261	261	comptroller determines that the contractor:
262	262	(1) was awarded a contract in violation of Section
263	263	2264.102;
264	264	(2) has ceased participation in the E-verify program
265	265	during the term of the contract; or
266	266	(3) knowingly hired a subcontractor, other than a
267	267	subcontractor who acts exclusively as a supplier for the contract,
268	268	to perform work under the contract who is not registered with or is
269	269	not participating in the E-verify program.
270	270	(b) Debarment under this section is for a period of one year
271	271	except that the debarment may be extended by the comptroller for
272	272	additional one-year periods if the comptroller determines that the
273	273	grounds for debarment under this section continue to exist.
274	274	(c) It is an affirmative defense to a debarment proceeding
275	275	under this section that the contractor did not know that a
276	276	subcontractor hired to perform work under the contract is not
277	277	registered with or is not participating in the E-verify program.
278	278	Sec. 2264.105. CONTRACT TERMINATION. If a state agency
279	279	terminates a contract for a reason described by Section
280	280	2264.102(c), the agency may require the contractor to pay any costs
281	281	associated with the termination.
282	282	SECTION 5.05. Subtitle B, Title 2, Labor Code, is amended by
283	283	adding Chapter 53 to read as follows:
284	284	CHAPTER 53. VERIFICATION OF EMPLOYEE INFORMATION
285	285	Sec. 53.001. DEFINITIONS. In this chapter:
286	286	(1) "Commission" means the Texas Workforce
287	287	Commission.
288	288	(2) "Employee" means an individual who is employed by
289	289	an employer for compensation. The term includes an individual
290	290	employed on a part-time basis.
291	291	(3) "Employer" means a person, other than a
292	292	governmental entity or a sole proprietorship, who:
293	293	(A) employs one or more employees; or
294	294	(B) acts directly or indirectly in the interests
295	295	of an employer in relation to an employee.
296	296	(4) "Employment" means any service, including service
297	297	in interstate commerce, that is performed for wages or under a
298	298	contract of hire, whether written or oral or express or implied.
299	299	The term does not include any service performed by an individual for
300	300	wages if it is shown that the individual is free from control or
301	301	direction in the performance of the service, both under any
302	302	contract of service and in fact.
303	303	(5) "E-verify program" has the meaning assigned by
304	304	Section 673.001, Government Code.
305	305	(6) "Person not lawfully present" means a person who,
306	306	at the time of employment, is not:
307	307	(A) a citizen or national of the United States;
308	308	or
309	309	(B) an alien who is lawfully admitted for
310	310	permanent residence in the United States under the federal
311	311	Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or
312	312	authorized to be employed by that Act or the United States attorney
313	313	general.
314	314	Sec. 53.002. EMPLOYEE STATUS. An employer may not classify
315	315	an individual performing services for the employer as an
316	316	independent contractor instead of as an employee of the employer
317	317	solely for the purpose of avoiding the requirements applicable to
318	318	an employer under this chapter.
319	319	Sec. 53.003. VERIFICATION AND RECORDS. (a) An employer
320	320	shall register and participate in the E-verify program to verify
321	321	information of all new employees.
322	322	(b) The employer must verify a new employee's information
323	323	not later than the third business day of the employee's employment.
324	324	If the E-verify program is unavailable during the first three
325	325	business days of the new employee's employment, the employer must
326	326	verify the employee's information by submitting the employment
327	327	eligibility verification form commonly referred to as the I-9 to
328	328	the appropriate governmental entity.
329	329	(c) An employer shall maintain a record of an employee
330	330	verification for at least three years.
331	331	Sec. 53.004. EXCEPTION. (a) An employer is not required to
332	332	verify employee information through the E-verify program during any
333	333	year for which the federal government has not funded the E-verify
334	334	program.
335	335	(b) For purposes of this section, Section 2264.103,
336	336	Government Code, and Section 181.003, Local Government Code, the
337	337	commission shall:
338	338	(1) monitor whether the federal government has funded
339	339	the E-verify program for the current year; and
340	340	(2) maintain in a conspicuous location on the
341	341	commission's Internet website updated information regarding
342	342	whether the federal government has funded the E-verify program for
343	343	the current year.
344	344	Sec. 53.005. ENFORCEMENT BY STATE AGENCIES; RULES. (a)
345	345	Notwithstanding any other law, each appropriate state agency shall
346	346	ensure that employers in this state comply with Section 53.003 and
347	347	may require compliance with that section as a condition of a
348	348	license, certificate, registration, permit, or other authorization
349	349	issued by the agency that is required for a person to practice or
350	350	engage in a particular business, occupation, or profession in this
351	351	state.
352	352	(b) Notwithstanding any other law, if a state agency that
353	353	issues a license, certificate, registration, permit, or other
354	354	authorization for a person to practice or engage in a particular
355	355	business, occupation, or profession in this state determines that
356	356	an employer's failure to comply with Section 53.003 has resulted in
357	357	the employer's employment of a person not lawfully present, the
358	358	state agency may:
359	359	(1) suspend or revoke any license, certificate,
360	360	registration, permit, or other authorization issued by the agency
361	361	to the employer, as follows:
362	362	(A) for an employer who employs at least one but
363	363	not more than 10 persons not lawfully present, suspension for 30
364	364	days;
365	365	(B) for an employer who employs at least 11 but
366	366	not more than 50 persons not lawfully present, suspension for 60
367	367	days; and
368	368	(C) for an employer who employs 51 or more
369	369	persons not lawfully present, permanent revocation; and
370	370	(2) if applicable, require the employer to pay back
371	371	any economic development funds received as part of an economic
372	372	development program administered by this state.
373	373	(c) A proceeding under Subsection (b) is subject to Chapter
374	374	2001, Government Code.
375	375	(d) Each appropriate state agency shall adopt rules and
376	376	prescribe forms as necessary to implement this section.
377	377	SECTION 5.06. Subtitle C, Title 5, Local Government Code,
378	378	is amended by adding Chapter 181 to read as follows:
379	379	CHAPTER 181. VERIFICATION OF EMPLOYEE INFORMATION
380	380	Sec. 181.001. DEFINITIONS. In this chapter:
381	381	(1) "E-verify program" has the meaning assigned by
382	382	Section 673.001, Government Code.
383	383	(2) "Political subdivision" means a county,
384	384	municipality, school district, junior college district, other
385	385	special district, or other subdivision of state government.
386	386	Sec. 181.002. VERIFICATION AND RECORDS. (a) A political
387	387	subdivision shall register and participate in the E-verify program
388	388	to verify information of all new employees.
389	389	(b) The political subdivision must verify a new employee's
390	390	information not later than the third business day of the employee's
391	391	employment. If the E-verify program is unavailable during the
392	392	first three business days of the new employee's employment, the
393	393	political subdivision must verify the employee's information by
394	394	submitting the employment eligibility verification form commonly
395	395	referred to as the I-9 to the appropriate governmental entity.
396	396	(c) A political subdivision shall maintain a record of an
397	397	employee verification for at least three years.
398	398	Sec. 181.003. EXCEPTION. A political subdivision is not
399	399	required to verify employee information through the E-verify
400	400	program during any year for which the federal government has not
401	401	funded the E-verify program.
402	402	Sec. 181.004. TERMINATION OF EMPLOYMENT. An employee of a
403	403	political subdivision who is responsible for verifying information
404	404	of new employees of the political subdivision as required by
405	405	Section 181.002 is subject to immediate termination of employment
406	406	if the employee fails to comply with that section.
407	407	ARTICLE 6. TRANSITIONS AND EFFECTIVE DATE
408	408	SECTION 6.01. Article 2.251, Code of Criminal Procedure, as
409	409	amended by this Act, applies only to a person arrested or otherwise
410	410	taken into custody by a law enforcement agency on or after the
411	411	effective date of this Act.
412	412	SECTION 6.02. As soon as practicable after the effective
413	413	date of this Act, the governor shall extend an invitation to each
414	414	federal agency described by Section 421.0211, Government Code, as
415	415	added by this Act, for membership to the Homeland Security Council
416	416	established under Subchapter B, Chapter 421, Government Code.
417	417	SECTION 6.03. (a) As soon as practicable after the
418	418	effective date of this Act, the executive commissioner of the
419	419	Health and Human Services Commission shall adopt the rules required
420	420	by Section 531.552, Government Code, as added by this Act.
421	421	(b) Notwithstanding Section 531.552, Government Code, as
422	422	added by this Act, the Health and Human Services Commission is not
423	423	required to submit the initial report required by that section
424	424	until November 1, 2025.
425	425	SECTION 6.04. Each state agency subject to Subchapter C,
426	426	Chapter 2264, Government Code, as amended by this Act, shall
427	427	develop the procedures required under Section 2264.102(d),
428	428	Government Code, as added by this Act, not later than December 31,
429	429	2024.
430	430	SECTION 6.05. Sections 2264.1011, 2264.102, 2264.103,
431	431	2264.104, and 2264.105, Government Code, as added by this Act,
432	432	apply only in relation to a contract entered into on or after
433	433	January 1, 2025.
434	434	SECTION 6.06. As soon as practicable after the effective
435	435	date of this Act, each appropriate state agency subject to Section
436	436	53.005, Labor Code, as added by this Act, shall adopt rules and
437	437	prescribe forms as required by that section.
438	438	SECTION 6.07. Sections 53.003, Labor Code, and 181.002,
439	439	Local Government Code, as added by this Act, apply beginning
440	440	January 1, 2025.
441	441	SECTION 6.08. This Act takes effect on the 91st day after
442	442	the last day of the legislative session.