Texas 2025 - 89th Regular

Texas House Bill HB4712 Compare Versions

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11 89R15884 CS-D
22 By: Hopper H.B. No. 4712
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to an annual report by the comptroller of public accounts
1010 on the fiscal impact to this state of persons not lawfully present.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter B, Chapter 403, Government Code, is
1313 amended by adding Section 403.0304 to read as follows:
1414 Sec. 403.0304. REPORT ON COST OF PERSONS NOT LAWFULLY
1515 PRESENT. (a) In this section, "person not lawfully present" means
1616 a person who is not:
1717 (1) a citizen or other national of the United States;
1818 or
1919 (2) an alien who is lawfully admitted for permanent
2020 residence in the United States under the federal Immigration and
2121 Nationality Act (8 U.S.C. Section 1101 et seq.) or authorized to be
2222 employed by that Act or the United States attorney general.
2323 (b) Not later than June 30 of each year, the comptroller
2424 shall post on the comptroller's Internet website and submit to the
2525 governor, the lieutenant governor, the speaker of the house of
2626 representatives, and each other member of the legislature a report
2727 prepared by the comptroller on the fiscal impact on this state of
2828 the costs associated with persons not lawfully present. At a
2929 minimum, the report must include the amount of, and an explanation
3030 of the methodology used to determine, the following costs:
3131 (1) health care costs, including:
3232 (A) costs associated with:
3333 (i) uncompensated medical care provided to
3434 persons not lawfully present by hospitals and health care
3535 facilities located in this state; and
3636 (ii) Medicaid and emergency medical
3737 services used by persons not lawfully present; and
3838 (B) the impact of health care expenditures
3939 described by this subdivision on state and local budgets;
4040 (2) law enforcement and criminal justice costs,
4141 including:
4242 (A) costs incurred by state and local law
4343 enforcement agencies related to criminal activity by persons not
4444 lawfully present;
4545 (B) expenses associated with the incarceration
4646 and detention in jails and prisons in this state of persons not
4747 lawfully present; and
4848 (C) costs related to border security operations
4949 and cooperation with federal immigration enforcement;
5050 (3) public education costs, including:
5151 (A) state and local expenditures related to
5252 providing to persons not lawfully present an education in public
5353 schools located in this state;
5454 (B) the cost of providing bilingual education,
5555 English as a Second Language (ESL) programs, and other educational
5656 resources required for persons not lawfully present; and
5757 (C) federal funding offsets, if any, for costs
5858 described by this subdivision and the impact of those offsets on
5959 total state and local expenditures;
6060 (4) welfare and public assistance costs, including:
6161 (A) costs associated with the use of public
6262 benefits and welfare programs by persons not lawfully present,
6363 including costs incurred as a result of fraud and abuse by those
6464 persons;
6565 (B) costs associated with the use of the
6666 supplemental nutrition assistance program under Chapter 33, Human
6767 Resources Code, the temporary assistance for needy families program
6868 under Chapter 31, Human Resources Code, and other state-funded
6969 assistance programs by persons not lawfully present; and
7070 (C) the impact of fraudulent benefit claims by
7171 persons not lawfully present on the solvency of welfare programs;
7272 and
7373 (5) economic impact and job market data, including:
7474 (A) wage suppression and employment displacement
7575 of lawful residents of this state due to the employment of persons
7676 not lawfully present;
7777 (B) the impact of the employment of persons not
7878 lawfully present on tax revenues and business compliance with labor
7979 laws; and
8080 (C) the estimated tax contributions made by
8181 persons not lawfully present, if any, and the net fiscal impact of
8282 those contributions.
8383 (c) The comptroller shall hold a public hearing each year to
8484 review the findings of the report prepared under Subsection (b) and
8585 to receive public comments from stakeholders, including law
8686 enforcement agencies, health care providers, educators, and
8787 business leaders.
8888 (d) Not later than March 1 of each year, the following state
8989 agencies shall submit to the comptroller information requested by
9090 the comptroller that is necessary for the preparation of the report
9191 under Subsection (b):
9292 (1) the Health and Human Services Commission;
9393 (2) the Texas Department of Criminal Justice;
9494 (3) the Department of Public Safety;
9595 (4) the Texas Education Agency; and
9696 (5) the Texas Workforce Commission.
9797 (e) The comptroller may request the state auditor's
9898 assistance to determine the accuracy of the information submitted
9999 to the comptroller by a state agency under Subsection (d). The
100100 state auditor shall provide the requested assistance.
101101 (f) To ensure accuracy and consistency in the information
102102 collected, the comptroller by rule shall:
103103 (1) adopt a form each state agency must use to submit
104104 information under Subsection (d); and
105105 (2) establish, in consultation with the state auditor,
106106 appropriate auditing procedures for use as provided by Subsection
107107 (e).
108108 (g) The comptroller shall report to the legislature each
109109 state agency that fails to submit information as required by
110110 Subsection (d) or that submits inaccurate or misleading information
111111 under that subsection. The legislature may take appropriate action
112112 in response to a report received from the comptroller under this
113113 subsection, which may include reducing the amount of money that
114114 would otherwise be appropriated to a state agency named in the
115115 report for use during the next state fiscal biennium.
116116 SECTION 2. This Act takes effect September 1, 2025.