89R2020 RDS-D
By: Lopez of Bexar, Darby H.B. No. 2858
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a temporary guest worker program
in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 752, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. TEMPORARY GUEST WORKER PROGRAM
Sec. 752.101. DEFINITION. In this subchapter:
(1) "Program" means the temporary guest worker program
established under this subchapter.
(2) "United States nonimmigrant visa" means a visa
issued by the federal government as provided in 8 U.S.C. Sections
1101 and 1184.
Sec. 752.102. FEDERAL AUTHORIZATION; MEMORANDUM OF
UNDERSTANDING. (a) The governor shall seek from the appropriate
federal agency a waiver or other authorization necessary to
establish and implement a temporary guest worker program in this
state under this subchapter.
(b) On receipt of federal authorization under Subsection
(a) and subject to that authorization and Section 752.103, the
governor may negotiate and enter into a memorandum of understanding
with the government of a state in Mexico to create a temporary guest
worker program under which businesses in this state may obtain
legal foreign temporary guest workers through use of United States
nonimmigrant visas.
Sec. 752.103. REQUIREMENTS FOR PROGRAM AND MEMORANDUM OF
UNDERSTANDING. (a) Under a memorandum of understanding entered
into under Section 752.102, the governor may commit this state to
work directly with officials of the government of the Mexican state
selected for the program to encourage, facilitate, and support the
migration of legal Mexican temporary guest workers from the Mexican
state to this state for the purpose of filling jobs with businesses
in this state identified by the Texas Workforce Commission as being
most in need of skilled and unskilled migrant labor.
(b) The program and 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
program, with particular attention to the following:
(A) a business in this state hiring a temporary
guest worker through the program shall demonstrate and certify that
there are not sufficient workers where that labor is to be performed
who are able, willing, qualified, and available at the time of
application for a United States nonimmigrant visa; and
(B) the employment of the temporary guest worker
will not adversely affect the wages and working conditions of
workers in this state who are similarly employed;
(2) require that the Mexican state provide to
businesses in this state Mexican temporary guest workers who meet
certain requirements, including that each temporary guest 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 temporary guest worker possesses the
requisite level of education or skill required for the job to be
filled;
(D) is issued a tamper-proof identification that
includes personal information, a photo, a fingerprint, a visa
number, and an expiration date; and
(E) will be notified by the Mexican state before
the expiration date of the United States nonimmigrant visa of the
date the temporary guest worker is required to return to Mexico; and
(3) if a temporary guest worker fails to return to
Mexico before expiration of the temporary guest worker's United
States nonimmigrant visa, require the Mexican state to notify:
(A) the business that hires the temporary guest
worker;
(B) the governor; and
(C) United States Immigration and Customs
Enforcement.
SECTION 2. As soon as practicable after the effective date
of this Act, the governor shall seek from the appropriate federal
agency a waiver or other authorization necessary to establish a
temporary guest worker program in this state, as required by
Section 752.102, Government Code, as added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.