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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) an individual 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; or |
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(2) renewing a license and the applicant has not |
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previously established employment eligibility. |
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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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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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an original or a copy of: |
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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 that is issued by a state or outlying possession of the United |
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States 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 that is issued |
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by a federal, state, or local government agency and that contains |
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the applicant's photograph or information, including the |
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applicant's name, date of birth, sex, height, eye color, and |
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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) In addition to the documents required by Subsection (a), |
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an applicant may establish employment eligibility by submitting to |
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the licensing authority a document verifying that the applicant |
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provided to their current or most recent employer a true and correct |
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Form I-9 along with authentic supporting documents. |
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(c) Except as provided by this subsection, the documents |
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required by Subsection (a) or (b) must be submitted with the license |
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application. An applicant who submits an application through the |
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TexasOnline system or another electronic means shall submit the |
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documents required under Subsection (a) or (b) not later than 30 |
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days after the date the application is submitted electronically. |
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Sec. 60.004. TEMPORARY LICENSE. (a) After an applicant has |
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submitted all documents that will be required for a licensing |
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authority to verify the applicant's employment eligibility and |
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before the licensing authority verifies the applicant's employment |
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eligibility, the licensing authority may issue a temporary license |
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to the applicant. |
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(b) A temporary license under this section expires on the |
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21st day after the date the temporary license is issued. |
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(c) The licensing authority shall determine the applicant's |
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employment eligibility not later than the day the temporary license |
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expires. |
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Sec. 60.005. AUDIT. A licensing authority may audit some or |
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all of the applications submitted to the licensing authority for |
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compliance with this chapter, including documents used to establish |
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employment eligibility. |
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Sec. 60.006. 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. 60.007. 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. The purpose of this Act is to assist in the |
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enforcement of 8 U.S.C. Chapter 12. |
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SECTION 3. (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) an individual 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 authority shall adopt rules under |
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Chapter 60, Occupations Code, as added by this Act, not later than |
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January 1, 2010. |
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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 authority on or after March 1, 2010. An |
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application for the issuance or renewal of a license that is filed |
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before March 1, 2010, is governed by the law in effect on the date |
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the application was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |