Bill Text: TX HB2856 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the regulation of immigration assistance services; providing civil and criminal penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-17 - No action taken in committee [HB2856 Detail]
Download: Texas-2013-HB2856-Introduced.html
83R8945 RWG-D | ||
By: Gutierrez | H.B. No. 2856 |
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relating to the regulation of immigration assistance services; | ||
providing civil and criminal penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 4, Business & Commerce Code, is amended by | ||
adding Chapter 59 to read as follows: | ||
CHAPTER 59. REGULATION OF IMMIGRATION ASSISTANCE SERVICES | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 59.001. SHORT TITLE. This chapter may be cited as the | ||
Immigration Assistance Services Act. | ||
Sec. 59.002. DEFINITIONS. In this chapter: | ||
(1) "Compensation" means money, property, services, a | ||
promise of payment, or another thing of value. | ||
(2) "Employed by" means that: | ||
(A) a person is on the payroll of an employer and | ||
the employer deducts from the person's paycheck social security and | ||
withholding taxes; or | ||
(B) a person receives compensation from an | ||
employer on a commission basis or as an independent contractor. | ||
(3) "Immigration assistance service" means any | ||
service related to an immigration matter provided or offered to a | ||
customer or prospective customer for compensation. | ||
(4) "Immigration matter" means any proceeding, | ||
filing, or action affecting the nonimmigrant, immigrant, or | ||
citizenship status of a person that arises under: | ||
(A) immigration and naturalization law, | ||
executive order, or presidential proclamation of the United States | ||
or any foreign country; or | ||
(B) an action of the United States Department of | ||
Labor, United States Department of State, United States Department | ||
of Homeland Security, or United States Department of Justice. | ||
Sec. 59.003. APPLICABILITY OF CHAPTER. This chapter does | ||
not apply to: | ||
(1) an attorney licensed to practice law and in good | ||
standing in: | ||
(A) this state; or | ||
(B) another state of the United States or a | ||
foreign country, if the attorney is acting with the approval of a | ||
judge having jurisdiction over the matter; | ||
(2) a legal intern, clerk, paralegal, or person in a | ||
similar position: | ||
(A) employed by and under the direct supervision | ||
of a licensed attorney who meets the requirements of Subdivision | ||
(1); and | ||
(B) providing immigration assistance services in | ||
the course of employment; | ||
(3) a nonprofit organization recognized by the Board | ||
of Immigration Appeals under 8 C.F.R. Section 292.2(a) or an | ||
employee of an organization accredited under 8 C.F.R. Section | ||
292.2(d); or | ||
(4) an organization that employs or desires to employ | ||
an immigrant, if the organization or the organization's employees | ||
or agents provide advice or assistance in immigration matters to | ||
immigrant employees or potential employees, and the advice or | ||
assistance is provided without compensation from the individual who | ||
receives the advice or assistance. | ||
Sec. 59.004. EFFECT ON FEDERAL LAW. Nothing in this chapter | ||
may be construed to impose a regulation that is prohibited or | ||
preempted by federal law. | ||
SUBCHAPTER B. IMMIGRATION ASSISTANCE SERVICES | ||
Sec. 59.051. IMMIGRATION ASSISTANCE SERVICES A PERSON MAY | ||
PROVIDE. A person who provides immigration assistance services may | ||
only: | ||
(1) complete a government agency form that is | ||
requested by the customer and appropriate to the customer's needs, | ||
if the completion of the form does not involve a legal judgment; | ||
(2) transcribe a response to a government agency form | ||
that is related to an immigration matter; | ||
(3) translate information on a form to a customer and | ||
translate the customer's answers to questions asked on the form; | ||
(4) obtain for the customer supporting documents | ||
currently in existence, including a birth or marriage certificate, | ||
that may be needed for submission with a government agency form; | ||
(5) translate a document from a foreign language into | ||
English; | ||
(6) notarize a signature on a government agency form, | ||
if the person performing the service is a notary public: | ||
(A) commissioned in this state; and | ||
(B) lawfully present in the United States; | ||
(7) make a referral, without a fee, to an attorney | ||
authorized to undertake legal representation for a person in an | ||
immigration matter; | ||
(8) prepare or arrange for the preparation of | ||
photographs and fingerprints; | ||
(9) arrange for the performance of medical testing, | ||
including x-rays and AIDS tests, and obtain reports of the test | ||
results; | ||
(10) conduct English language and civics courses; and | ||
(11) perform any other service that the secretary of | ||
state determines by rule may be appropriately performed by the | ||
person in accordance with the purposes of this chapter. | ||
Sec. 59.052. PROHIBITED SERVICES. (a) A person who | ||
provides immigration assistance services may not: | ||
(1) provide legal advice, recommend a specific course | ||
of legal action, or provide any other assistance that requires | ||
legal analysis, legal judgment, or interpretation of the law; | ||
(2) refuse to return documents supplied by, prepared | ||
on behalf of, or paid for by the customer if the customer requests | ||
the return of the documents, regardless of whether there is a fee | ||
dispute between the person and the customer; | ||
(3) represent or advertise that the person is a | ||
"notary public" or "immigration consultant" or use any other title | ||
or credential that would cause a reasonable customer to believe | ||
that the person possesses special professional skills or is | ||
authorized to provide advice on an immigration matter; | ||
(4) make a misrepresentation or false statement, | ||
directly or indirectly, to influence, persuade, or induce | ||
patronage; or | ||
(5) advise a customer as to the customer's answers on a | ||
government agency form related to an immigration matter. | ||
(b) Notwithstanding Subsection (a)(3), a certified notary | ||
public may use the term "notary public" if the use is accompanied by | ||
a statement that the person is not an attorney. | ||
Sec. 59.053. REGISTRATION OF PROVIDERS REQUIRED. (a) A | ||
person who provides immigration assistance services shall register | ||
with the secretary of state. | ||
(b) The secretary of state shall adopt: | ||
(1) a registration form to implement this section; and | ||
(2) rules to administer this section. | ||
Sec. 59.054. BOND REQUIRED. A person who provides | ||
immigration assistance services shall maintain a corporate surety | ||
bond or other security acceptable to the secretary of state that is: | ||
(1) in the amount of $10,000; | ||
(2) payable to the secretary; and | ||
(3) for the benefit of a party who suffers damages | ||
caused by the failure of the person to fulfill obligations related | ||
to this chapter. | ||
SUBCHAPTER C. ADVERTISEMENT PROVISIONS | ||
Sec. 59.101. SIGNS REQUIRED AT PLACE OF BUSINESS. (a) A | ||
person who provides or offers to provide immigration assistance | ||
services shall post at the person's place of business signs at least | ||
12 inches by 17 inches in size and containing the following | ||
statement: | ||
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT | ||
GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." | ||
(b) The signs required by Subsection (a) must be in English | ||
and in every other language in which the person provides or offers | ||
to provide immigration assistance services. Each statement | ||
translated into a different language must be on a separate sign. | ||
(c) The person shall post the signs required by this section | ||
at a location where the signs will be visible to customers. | ||
Sec. 59.102. RADIO, TELEVISION, OR WRITTEN ADVERTISEMENTS. | ||
(a) A person who advertises immigration assistance services in a | ||
language other than English by radio, television, signs, pamphlets, | ||
newspapers, business cards, stationery, letterhead, or other | ||
written communication shall include in the advertisement the | ||
following notice in English and the language used by the | ||
advertisement: | ||
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT | ||
GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." | ||
(b) Subsection (a) does not apply to a single desk plaque. | ||
(c) If the advertisement is by radio or television, the | ||
statement required by Subsection (a) may be modified but must | ||
include substantially the same message. | ||
(d) If in writing, the statement required by Subsection (a) | ||
must be printed in a conspicuous size. | ||
Sec. 59.103. TRANSLATING CERTAIN TITLES PROHIBITED. A | ||
person who provides or offers to provide immigration assistance | ||
services may not, in any written material, literally translate from | ||
English into another language: | ||
(1) notary public; | ||
(2) notary; | ||
(3) licensed; | ||
(4) attorney; | ||
(5) lawyer; or | ||
(6) another term that implies the person is an | ||
attorney. | ||
SUBCHAPTER D. REMEDIES AND OFFENSES | ||
Sec. 59.151. CIVIL PENALTY. (a) A person who violates this | ||
chapter is liable to this state for a civil penalty in an amount not | ||
to exceed $1,000 for each violation. The attorney general or the | ||
prosecuting attorney in the county in which the violation occurs | ||
may bring suit to recover the civil penalty imposed under this | ||
section. | ||
(b) A penalty collected under this section does not preempt | ||
or preclude a civil or criminal penalty under other law. | ||
Sec. 59.152. CRIMINAL PENALTY. (a) A person commits an | ||
offense if the person violates a provision of this chapter. | ||
(b) An offense under this section is a Class B misdemeanor, | ||
except that the offense is a Class A misdemeanor if it is shown on | ||
the trial of the offense that: | ||
(1) the person has previously been convicted under | ||
this section; and | ||
(2) the instant offense occurred before the fifth | ||
anniversary of the conviction for the previous offense. | ||
SECTION 2. This Act takes effect September 1, 2013. |