BILL ANALYSIS



H.B. 2006
By: Cuellar, Henry
05-03-95
Committee Report (Unamended)


BACKGROUND

People who have needed legal assistance and advice in immigration
and naturalization law have often been misrepresented by
unauthorized personnel seeking only to obtain an economic benefit
for their services.

PURPOSE

If enacted, H.B. 2006 would put a stop to the unauthorized
representation of immigration or naturalization law.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Penal Code, by adding Section 38.124
as follows:

Sec. 38.124.  UNAUTHORIZED PRACTICE OF IMMIGRATION AND
NATURALIZATION LAW.

     (A) Any person other than an authorized immigration or
     naturalization representative commits an offense if, with
     intent to receive economic benefit, the person knowingly
     appears before a state agency in an immigration matter on
     behalf of another person, gives legal advice pertaining to
     such matter or prepares immigration forms for another.

     (B) A person commits an offense if the person knowingly
     misrepresents the services that the person is allowed to
     provide in immigration matters or retains a document that
     belongs to another who is seeking to immigrate, and the
     document demonstrates the person's physical presence in the
     United States and was issued by an agency of the United
     States.

     (C) "Authorized immigration and naturalization representative"
     means an attorney licensed to practice in this state, who is
     in good standing with the State Bar of Texas, or a person
     authorized by the U.S. government to provide representation. 
     "Immigration matter" means any action, filing or other
     proceeding related to a person's citizenship status in the
     United States.

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 2006 was considered by the full committee in a public hearing on
May 1, 1995.  The following person testified in favor of the bill:

     Steven Laddick, representing himself.

HB 2006 was reported favorably without amendment with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
ayes, 0 nays, 0 pnv, and 2 absent.