Texas 2025 - 89th Regular

Texas House Bill HB2858 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R2020 RDS-D
2		-	By: Lopez of Bexar~~, Darby~~ H.B. No. 2858
	2	+	By: Lopez of Bexar H.B. No. 2858
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7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the establishment of a temporary guest worker program
10	10		in this state.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Chapter 752, Government Code, is amended by
13	13		adding Subchapter D to read as follows:
14	14		SUBCHAPTER D. TEMPORARY GUEST WORKER PROGRAM
15	15		Sec. 752.101. DEFINITION. In this subchapter:
16	16		(1) "Program" means the temporary guest worker program
17	17		established under this subchapter.
18	18		(2) "United States nonimmigrant visa" means a visa
19	19		issued by the federal government as provided in 8 U.S.C. Sections
20	20		1101 and 1184.
21	21		Sec. 752.102. FEDERAL AUTHORIZATION; MEMORANDUM OF
22	22		UNDERSTANDING. (a) The governor shall seek from the appropriate
23	23		federal agency a waiver or other authorization necessary to
24	24		establish and implement a temporary guest worker program in this
25	25		state under this subchapter.
26	26		(b) On receipt of federal authorization under Subsection
27	27		(a) and subject to that authorization and Section 752.103, the
28	28		governor may negotiate and enter into a memorandum of understanding
29	29		with the government of a state in Mexico to create a temporary guest
30	30		worker program under which businesses in this state may obtain
31	31		legal foreign temporary guest workers through use of United States
32	32		nonimmigrant visas.
33	33		Sec. 752.103. REQUIREMENTS FOR PROGRAM AND MEMORANDUM OF
34	34		UNDERSTANDING. (a) Under a memorandum of understanding entered
35	35		into under Section 752.102, the governor may commit this state to
36	36		work directly with officials of the government of the Mexican state
37	37		selected for the program to encourage, facilitate, and support the
38	38		migration of legal Mexican temporary guest workers from the Mexican
39	39		state to this state for the purpose of filling jobs with businesses
40	40		in this state identified by the Texas Workforce Commission as being
41	41		most in need of skilled and unskilled migrant labor.
42	42		(b) The program and memorandum of understanding must:
43	43		(1) be compatible with the Immigration and Nationality
44	44		Act, 8 U.S.C. Section 1101 et seq., and federal policies,
45	45		procedures, and requirements for issuing United States
46	46		nonimmigrant visas to Mexicans qualified to participate in the
47	47		program, with particular attention to the following:
48	48		(A) a business in this state hiring a temporary
49	49		guest worker through the program shall demonstrate and certify that
50	50		there are not sufficient workers where that labor is to be performed
51	51		who are able, willing, qualified, and available at the time of
52	52		application for a United States nonimmigrant visa; and
53	53		(B) the employment of the temporary guest worker
54	54		will not adversely affect the wages and working conditions of
55	55		workers in this state who are similarly employed;
56	56		(2) require that the Mexican state provide to
57	57		businesses in this state Mexican temporary guest workers who meet
58	58		certain requirements, including that each temporary guest worker:
59	59		(A) meets the legal requirements of federal law
60	60		with regard to eligibility for a United States nonimmigrant visa;
61	61		(B) passes a criminal background check;
62	62		(C) undergoes standardized testing to satisfy
63	63		the hiring business that the temporary guest worker possesses the
64	64		requisite level of education or skill required for the job to be
65	65		filled;
66	66		(D) is issued a tamper-proof identification that
67	67		includes personal information, a photo, a fingerprint, a visa
68	68		number, and an expiration date; and
69	69		(E) will be notified by the Mexican state before
70	70		the expiration date of the United States nonimmigrant visa of the
71	71		date the temporary guest worker is required to return to Mexico; and
72	72		(3) if a temporary guest worker fails to return to
73	73		Mexico before expiration of the temporary guest worker's United
74	74		States nonimmigrant visa, require the Mexican state to notify:
75	75		(A) the business that hires the temporary guest
76	76		worker;
77	77		(B) the governor; and
78	78		(C) United States Immigration and Customs
79	79		Enforcement.
80	80		SECTION 2. As soon as practicable after the effective date
81	81		of this Act, the governor shall seek from the appropriate federal
82	82		agency a waiver or other authorization necessary to establish a
83	83		temporary guest worker program in this state, as required by
84	84		Section 752.102, Government Code, as added by this Act.
85	85		SECTION 3. This Act takes effect immediately if it receives
86	86		a vote of two-thirds of all the members elected to each house, as
87	87		provided by Section 39, Article III, Texas Constitution. If this
88	88		Act does not receive the vote necessary for immediate effect, this
89	89		Act takes effect September 1, 2025.