1 | 1 | | 89R15884 CS-D |
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2 | 2 | | By: Hopper H.B. No. 4712 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to an annual report by the comptroller of public accounts |
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10 | 10 | | on the fiscal impact to this state of persons not lawfully present. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter B, Chapter 403, Government Code, is |
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13 | 13 | | amended by adding Section 403.0304 to read as follows: |
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14 | 14 | | Sec. 403.0304. REPORT ON COST OF PERSONS NOT LAWFULLY |
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15 | 15 | | PRESENT. (a) In this section, "person not lawfully present" means |
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16 | 16 | | a person who is not: |
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17 | 17 | | (1) a citizen or other national of the United States; |
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18 | 18 | | or |
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19 | 19 | | (2) an alien who is lawfully admitted for permanent |
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20 | 20 | | residence in the United States under the federal Immigration and |
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21 | 21 | | Nationality Act (8 U.S.C. Section 1101 et seq.) or authorized to be |
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22 | 22 | | employed by that Act or the United States attorney general. |
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23 | 23 | | (b) Not later than June 30 of each year, the comptroller |
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24 | 24 | | shall post on the comptroller's Internet website and submit to the |
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25 | 25 | | governor, the lieutenant governor, the speaker of the house of |
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26 | 26 | | representatives, and each other member of the legislature a report |
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27 | 27 | | prepared by the comptroller on the fiscal impact on this state of |
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28 | 28 | | the costs associated with persons not lawfully present. At a |
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29 | 29 | | minimum, the report must include the amount of, and an explanation |
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30 | 30 | | of the methodology used to determine, the following costs: |
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31 | 31 | | (1) health care costs, including: |
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32 | 32 | | (A) costs associated with: |
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33 | 33 | | (i) uncompensated medical care provided to |
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34 | 34 | | persons not lawfully present by hospitals and health care |
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35 | 35 | | facilities located in this state; and |
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36 | 36 | | (ii) Medicaid and emergency medical |
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37 | 37 | | services used by persons not lawfully present; and |
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38 | 38 | | (B) the impact of health care expenditures |
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39 | 39 | | described by this subdivision on state and local budgets; |
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40 | 40 | | (2) law enforcement and criminal justice costs, |
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41 | 41 | | including: |
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42 | 42 | | (A) costs incurred by state and local law |
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43 | 43 | | enforcement agencies related to criminal activity by persons not |
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44 | 44 | | lawfully present; |
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45 | 45 | | (B) expenses associated with the incarceration |
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46 | 46 | | and detention in jails and prisons in this state of persons not |
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47 | 47 | | lawfully present; and |
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48 | 48 | | (C) costs related to border security operations |
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49 | 49 | | and cooperation with federal immigration enforcement; |
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50 | 50 | | (3) public education costs, including: |
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51 | 51 | | (A) state and local expenditures related to |
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52 | 52 | | providing to persons not lawfully present an education in public |
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53 | 53 | | schools located in this state; |
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54 | 54 | | (B) the cost of providing bilingual education, |
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55 | 55 | | English as a Second Language (ESL) programs, and other educational |
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56 | 56 | | resources required for persons not lawfully present; and |
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57 | 57 | | (C) federal funding offsets, if any, for costs |
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58 | 58 | | described by this subdivision and the impact of those offsets on |
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59 | 59 | | total state and local expenditures; |
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60 | 60 | | (4) welfare and public assistance costs, including: |
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61 | 61 | | (A) costs associated with the use of public |
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62 | 62 | | benefits and welfare programs by persons not lawfully present, |
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63 | 63 | | including costs incurred as a result of fraud and abuse by those |
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64 | 64 | | persons; |
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65 | 65 | | (B) costs associated with the use of the |
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66 | 66 | | supplemental nutrition assistance program under Chapter 33, Human |
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67 | 67 | | Resources Code, the temporary assistance for needy families program |
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68 | 68 | | under Chapter 31, Human Resources Code, and other state-funded |
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69 | 69 | | assistance programs by persons not lawfully present; and |
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70 | 70 | | (C) the impact of fraudulent benefit claims by |
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71 | 71 | | persons not lawfully present on the solvency of welfare programs; |
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72 | 72 | | and |
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73 | 73 | | (5) economic impact and job market data, including: |
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74 | 74 | | (A) wage suppression and employment displacement |
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75 | 75 | | of lawful residents of this state due to the employment of persons |
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76 | 76 | | not lawfully present; |
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77 | 77 | | (B) the impact of the employment of persons not |
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78 | 78 | | lawfully present on tax revenues and business compliance with labor |
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79 | 79 | | laws; and |
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80 | 80 | | (C) the estimated tax contributions made by |
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81 | 81 | | persons not lawfully present, if any, and the net fiscal impact of |
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82 | 82 | | those contributions. |
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83 | 83 | | (c) The comptroller shall hold a public hearing each year to |
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84 | 84 | | review the findings of the report prepared under Subsection (b) and |
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85 | 85 | | to receive public comments from stakeholders, including law |
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86 | 86 | | enforcement agencies, health care providers, educators, and |
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87 | 87 | | business leaders. |
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88 | 88 | | (d) Not later than March 1 of each year, the following state |
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89 | 89 | | agencies shall submit to the comptroller information requested by |
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90 | 90 | | the comptroller that is necessary for the preparation of the report |
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91 | 91 | | under Subsection (b): |
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92 | 92 | | (1) the Health and Human Services Commission; |
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93 | 93 | | (2) the Texas Department of Criminal Justice; |
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94 | 94 | | (3) the Department of Public Safety; |
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95 | 95 | | (4) the Texas Education Agency; and |
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96 | 96 | | (5) the Texas Workforce Commission. |
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97 | 97 | | (e) The comptroller may request the state auditor's |
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98 | 98 | | assistance to determine the accuracy of the information submitted |
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99 | 99 | | to the comptroller by a state agency under Subsection (d). The |
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100 | 100 | | state auditor shall provide the requested assistance. |
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101 | 101 | | (f) To ensure accuracy and consistency in the information |
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102 | 102 | | collected, the comptroller by rule shall: |
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103 | 103 | | (1) adopt a form each state agency must use to submit |
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104 | 104 | | information under Subsection (d); and |
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105 | 105 | | (2) establish, in consultation with the state auditor, |
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106 | 106 | | appropriate auditing procedures for use as provided by Subsection |
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107 | 107 | | (e). |
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108 | 108 | | (g) The comptroller shall report to the legislature each |
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109 | 109 | | state agency that fails to submit information as required by |
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110 | 110 | | Subsection (d) or that submits inaccurate or misleading information |
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111 | 111 | | under that subsection. The legislature may take appropriate action |
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112 | 112 | | in response to a report received from the comptroller under this |
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113 | 113 | | subsection, which may include reducing the amount of money that |
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114 | 114 | | would otherwise be appropriated to a state agency named in the |
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115 | 115 | | report for use during the next state fiscal biennium. |
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116 | 116 | | SECTION 2. This Act takes effect September 1, 2025. |
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