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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that applicants for certain licenses be |
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eligible for employment in the United States. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 2, Occupations Code, is amended by adding |
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Chapter 60 to read as follows: |
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CHAPTER 60. EMPLOYMENT ELIGIBILITY IN UNITED STATES REQUIRED FOR |
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BUSINESS, OCCUPATIONAL, OR PROFESSIONAL LICENSE |
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Sec. 60.001. DEFINITIONS. In this chapter: |
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(1) "Employment eligibility" means eligibility for |
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employment in the United States. |
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(2) "License" means a license, certificate, |
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registration, permit, or other authorization that: |
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(A) is issued by a licensing authority; and |
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(B) a person must obtain to engage in a |
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particular business, occupation, or profession. |
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(3) "Licensing authority" means a department, |
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commission, board, office, or other agency of this state or a |
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political subdivision of this state that issues a license. |
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Sec. 60.002. EMPLOYMENT ELIGIBILITY REQUIRED. (a) An |
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applicant for a license must establish employment eligibility if |
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the applicant is: |
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(1) applying for an original license; |
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(2) renewing a license and the applicant has not |
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previously established employment eligibility; or |
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(3) renewing a license and the applicant's employment |
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eligibility expired before the end of the applicant's current |
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license period. |
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(b) The licensing authority may not issue a license to an |
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applicant or renew an applicant's license unless the applicant |
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establishes employment eligibility as required by Subsection (a). |
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(c) A licensing authority shall record the title, issuing |
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authority, number, and expiration date, if any, of each document |
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used by an applicant to establish employment eligibility. |
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Sec. 60.003. DOCUMENTS THAT ESTABLISH EMPLOYMENT |
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ELIGIBILITY. (a) To establish employment eligibility, an |
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applicant shall provide to the licensing authority for inspection: |
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(1) one of the following documents: |
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(A) a United States passport, unexpired or |
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expired; |
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(B) a Certificate of United States Citizenship; |
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(C) a Certificate of Naturalization; |
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(D) an unexpired foreign passport, with I-551 |
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stamp or attached Form I-94 indicating unexpired employment |
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authorization; |
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(E) a Permanent Resident Card or Alien |
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Registration Receipt Card with photograph; |
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(F) an unexpired Temporary Resident Card; |
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(G) an unexpired Employment Authorization Card; |
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(H) an unexpired reentry permit; |
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(I) an unexpired Refugee Travel Document; or |
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(J) an unexpired Employment Authorization |
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Document issued by the United States Department of Homeland |
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Security that contains a photograph; or |
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(2) two documents as follows: |
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(A) one document listed in this paragraph: |
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(i) a driver's license or identification |
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card issued by a state or outlying possession of the United States |
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and that contains the applicant's photograph or information, |
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including the applicant's name, date of birth, sex, height, eye |
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color, and address; |
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(ii) an identification card issued by a |
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federal, state, or local government agency and that contains the |
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applicant's photograph or information, including the applicant's |
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name, date of birth, sex, height, eye color, and address; |
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(iii) a voter registration certificate; |
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(iv) a United States military card or draft |
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record; |
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(v) a military dependent's identification |
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card; |
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(vi) a United States Coast Guard Merchant |
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Mariner Card; |
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(vii) a Native American tribal document; or |
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(viii) a driver's license issued by a |
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Canadian government authority; and |
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(B) one document listed in this paragraph: |
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(i) a social security card issued by the |
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Social Security Administration, other than a card stating it is not |
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valid for employment; |
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(ii) a Certification of Birth Abroad issued |
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by the United States Department of State; |
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(iii) an original or certified copy of a |
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birth certificate issued by a state, county, municipality, or |
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outlying possession of the United States bearing an official seal; |
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(iv) a Native American tribal document; |
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(v) a United States Citizen Identification |
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Card; |
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(vi) an Identification Card for Use of |
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Resident Citizen in the United States; or |
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(vii) an unexpired Employment |
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Authorization Document issued by the United States Department of |
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Homeland Security. |
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(b) For purposes of this chapter, a person's employment |
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eligibility does not expire on the expiration date of a document |
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that is not required by Subsection (a) to be unexpired. A person's |
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license does not expire immediately on the expiration of a document |
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used to establish the person's employment eligibility. However, |
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renewal of the license is subject to Section 60.002. |
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Sec. 60.004. CONFIDENTIALITY. Information provided by an |
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applicant under this chapter that is not subject to disclosure |
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under other law is confidential and not subject to disclosure under |
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Chapter 552, Government Code. |
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Sec. 60.005. NONDISCRIMINATION. A licensing authority |
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shall implement this chapter without regard to an applicant's race, |
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religion, sex, ethnicity, or national origin. |
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SECTION 2. (a) In this section: |
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(1) "License" means a license, certificate, |
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registration, permit, or other authorization that: |
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(A) is issued by a licensing authority; and |
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(B) a person must obtain to engage in a |
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particular business, occupation, or profession. |
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(2) "Licensing authority" means a department, |
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commission, board, office, or other agency of this state or a |
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political subdivision of this state that issues a license. |
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(b) Each licensing agency shall adopt rules under this Act |
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not later than January 1, 2008. |
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(c) The change in law made by this Act applies only to an |
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application for the issuance or renewal of a license that is filed |
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with a licensing agency on or after March 1, 2008. An application |
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for the issuance or renewal of a license that is filed before March |
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1, 2008, is governed by the law in effect on the date the |
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application was filed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |