Bill Text: TX HB2886 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the establishment of a work program for certain persons not legally authorized to be in the United States; providing penalties.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2011-04-06 - Left pending in committee [HB2886 Detail]

Download: Texas-2011-HB2886-Introduced.html

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82R11317 KJM-F
By: Workman H.B. No. 2886

A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a work program for certain persons
not legally authorized to be in the United States; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Labor Code, is amended by
adding Chapter 54 to read as follows:
CHAPTER 54. TEXAS IMMIGRANT RECONCILIATION ACT
Sec. 54.001. PURPOSE. The purpose of this chapter is to:
(1) provide a mechanism for obtaining information
regarding foreign nationals who are not lawfully present in this
state;
(2) provide a method to collect taxes to pay for
services provided by this state and political subdivisions of this
state to foreign nationals who are not lawfully present in this
state;
(3) provide a legal method for a foreign national to
work in this state;
(4) ensure that employers hire only legally eligible
workers; and
(5) remove the incentive for human trafficking along
the southern border of this state.
Sec. 54.002. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Resident alien card" means a Texas resident alien
card issued under this chapter.
(3) "Unlawful resident alien" means a person not
authorized by law to be present in the United States who is living
in this state and has been issued a Texas resident alien card.
Sec. 54.003. ELIGIBILITY. (a) A foreign national who is
not lawfully present in this state may apply for a Texas resident
alien card.
(b) A resident alien card issued under this chapter:
(1) may be obtained by applying and paying a fee of
$4,000; and
(2) is valid for eight years.
(c) A person issued a resident alien card under this chapter
may work legally in this state.
(d) On the expiration of a resident alien card issued under
this chapter, the cardholder may apply for a new card.
(e) The commission may limit the number of resident alien
cards the commission issues each year.
Sec. 54.004. APPLICATION. (a) The commission by rule
shall adopt a form to be used to apply for a resident alien card
under this chapter. The form must require the applicant to provide
a permanent address and any other information the commission
considers necessary.
(b) The resident alien card must be designed in a manner
that prevents forgery.
(c) The resident alien card must include:
(1) a state-issued photograph of the cardholder;
(2) the cardholder's fingerprint; and
(3) a magnetic strip encoded with the cardholder's
identifying information.
(d) An applicant for a resident alien card under this
chapter must submit to a criminal history record information review
by the Department of Public Safety of the State of Texas.
Sec. 54.005. NO ASSISTANCE IN GAINING CITIZENSHIP. An
unlawful resident alien does not become a United States citizen
because the person has been issued a resident alien card under this
chapter. A resident alien card does not create an advantage to the
cardholder in obtaining citizenship.
Sec. 54.006. WITHHOLDING OF STATE TAX. (a) An employer
who hires an unlawful resident alien shall withhold from the
unlawful resident alien's paycheck a state tax at the rate withheld
for federal income taxes.
(b) An employer shall send the state tax withheld under this
section to the comptroller.
(c) The comptroller shall issue a unique identification
number for each cardholder.
Sec. 54.007. EFFECT OF EMPLOYMENT. (a) An employer has an
affirmative defense against any charge by the federal government
for hiring an unlawful resident alien if the employee holds a
resident alien card issued under this chapter.
(b) An employer must provide benefits to an employee who has
been issued a resident alien card that are similar to any benefits
the employer provides to an employee who is lawfully present in the
United States under federal law.
(c) Employers must give preference to a person who is
lawfully present in the United States under federal law in any
hiring, promotion, or reduction in force decision.
(d) Except as provided by this section, an employer may not
discriminate against an unlawful resident alien.
Sec. 54.008. ENFORCEMENT. (a) Commission employees shall
serve as compliance officers to monitor employers and unlawful
resident aliens throughout the state for purposes of this chapter.
(b) A compliance officer has authority to enter a place of
business for inspection purposes and to question the employer and
employees regarding compliance with this chapter.
(c) An employer who employs a foreign national who is not
lawfully present in the state and who has not been issued a resident
alien card is subject to a $10,000 fine for each incident.
(d) A valid Texas driver's license is satisfactory evidence
of an employee's compliance with this chapter.
(e) A compliance officer shall report any employee who does
not have a resident alien card to the United States Immigration and
Customs Enforcement. A foreign national who is not lawfully
present in the state and who is employed without holding a resident
alien card shall be deported and is ineligible to receive a resident
alien card at a later date.
Sec. 54.009. STANDARDS OF CONDUCT. (a) The commission
shall revoke a resident alien card if the cardholder is convicted of
a Class B misdemeanor or greater offense.
(b) On release from prison for an offense described by
Subsection (a), the unlawful resident alien shall be deported and
barred from obtaining a resident alien card at a later date.
(c) An unlawful resident alien who does not report wages for
at least six months is required to return to the unlawful resident
alien's native country for at least six months before the person may
reenter the state and seek employment.
(d) If an unlawful resident alien is married to another
unlawful resident alien, only one of the unlawful resident aliens
must report wages to the comptroller.
Sec. 54.010. BENEFITS. A person issued a resident alien
card under this chapter may obtain a Texas driver's license. The
person must provide proof of insurance before being issued a
driver's license. Failure to maintain insurance will result in
immediate deportation of the unlawful resident alien.
Sec. 54.011. EMERGENCY CARE. An unlawful resident alien
may receive emergency hospital care but is not eligible for other
state-provided public health services.
Sec. 54.012. SOCIAL SECURITY. An unlawful resident alien
is not eligible to receive federal social security benefits.
Sec. 54.013. USE OF MONEY. The state shall use taxes
collected under this chapter to ensure compliance with this chapter
and to provide supplemental money to a political subdivision that
provides services to an unlawful resident alien. The money shall be
used in the following manner and priority:
(1) to establish and train commission compliance
officers;
(2) to reimburse political subdivisions for money
spent for an unlawful resident alien, including education and
emergency health care expenses;
(3) to supplement the federal social security of
residents of the state; and
(4) to supplement the cost of medical care in local
communities.
SECTION 2. Not later than September 1, 2012, the Texas
Workforce Commission shall adopt rules necessary for the
administration of this Act.
SECTION 3. This Act takes effect September 1, 2011.