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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition against the construction or operation by |
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a local governmental entity of a day labor center used to facilitate |
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the employment of aliens not lawfully present 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. Subtitle C, Title 7, Local Government Code, is |
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amended by adding Chapter 247 to read as follows: |
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CHAPTER 247. CERTAIN PROHIBITIONS APPLYING TO MORE THAN ONE TYPE OF |
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LOCAL GOVERNMENT |
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Sec. 247.001. PROHIBITION AGAINST CONSTRUCTION OR |
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OPERATION BY LOCAL GOVERNMENTAL ENTITY OF DAY LABOR CENTER THAT |
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FACILITATES EMPLOYMENT OF ALIENS NOT LAWFULLY PRESENT. (a) In this |
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section: |
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(1) "Day laborer" means an individual engaged in or |
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waiting to be engaged in occasional or irregular labor for which an |
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individual is generally employed for a period not longer than that |
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required to complete a specific assignment, and for which wages are |
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paid directly to the individual or indirectly by a person who |
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recruits day laborers or a third-party employer for work undertaken |
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by the individual. The term does not include an individual engaged |
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in or waiting to be engaged in labor of a professional or clerical |
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nature. |
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(2) "Day labor center" means a central facility or |
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location at which day laborers assemble to find employment. The |
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term does not include: |
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(A) a temporary skilled labor agency; |
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(B) a staff leasing service agency; |
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(C) an employment counselor; |
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(D) a talent agency; |
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(E) an employment service or labor training |
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program; or |
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(F) a labor union hiring hall. |
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(b) A municipality, county, or other local governmental |
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entity may not use public money to construct or operate a day labor |
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center used in any part to facilitate the knowing employment of any |
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person who is not: |
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(1) a United States citizen; |
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(2) a legal permanent resident of the United States; |
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or |
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(3) a qualified alien or nonimmigrant under the |
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Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) who |
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is lawfully present in the United States. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |