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A BILL TO BE ENTITLED
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AN ACT
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relating to verifying the eligibility of applicants for federal, |
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state, and local public benefits; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 10, Government Code, is amended by adding |
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Subtitle H to read as follows: |
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SUBTITLE H. PROVISION OF PUBLIC BENEFITS BY STATE AND LOCAL |
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GOVERNMENTS |
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CHAPTER 2351. VERIFICATION OF ELIGIBILITY FOR PUBLIC BENEFITS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2351.001. DEFINITIONS. In this chapter: |
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(1) "Federal public benefit" has the meaning assigned |
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by 8 U.S.C. Section 1611. |
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(2) "Governmental entity" means an agency of this |
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state or of a political subdivision of this state. |
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(3) "Public benefit" means a federal, state, or local |
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public benefit. |
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(4) "State or local public benefit" has the meaning |
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assigned by 8 U.S.C. Section 1621. |
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Sec. 2351.002. CONFLICTS WITH OTHER LAW. To the extent of a |
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conflict between this chapter and federal law, including the |
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federal Deficit Reduction Act of 2005 (Pub. L. No. 109-171), the |
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federal law prevails. |
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[Sections 2351.003-2351.050 reserved for expansion] |
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SUBCHAPTER B. VERIFICATION OF APPLICANTS' LEGAL PRESENCE AND |
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ELIGIBILITY FOR PUBLIC BENEFITS |
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Sec. 2351.051. COMPLIANCE WITH SUBCHAPTER REQUIRED BEFORE |
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PROVIDING PUBLIC BENEFITS. A governmental entity may not provide a |
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public benefit to an individual until the governmental entity |
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complies with this subchapter. |
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Sec. 2351.052. VERIFICATION OF LAWFUL PRESENCE OF APPLICANT |
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FOR PUBLIC BENEFITS REQUIRED. (a) Except as provided by Section |
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2351.053 or federal law, a governmental entity that administers a |
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public benefit shall verify that an applicant for the public |
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benefit who is 14 years of age or older is lawfully present in the |
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United States. |
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(b) The governmental entity shall implement Subsection (a) |
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without regard to the applicant's race, religion, gender, |
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ethnicity, or national origin. |
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(c) As verification of the applicant's lawful presence in |
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the United States, the applicant shall execute an affidavit before |
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a notary swearing that the applicant is: |
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(1) a United States citizen or other United States |
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national; or |
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(2) a qualified alien, as defined by 8 U.S.C. Section |
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1641, and is lawfully present in the United States. |
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(d) The governmental entity shall provide free notary |
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public services to an applicant for a public benefit for purposes of |
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this section. |
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Sec. 2351.053. EXEMPTION FROM REQUIREMENT TO VERIFY LAWFUL |
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PRESENCE OF CERTAIN APPLICANTS. A governmental entity is not |
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required under Section 2351.052 to verify the lawful presence in |
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the United States of an applicant if the applicant is applying for |
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any of the following public benefits: |
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(1) a health care item or service that: |
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(A) is necessary to treat an emergency medical |
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condition, as defined by 42 U.S.C. Section 1396b(v)(3), of the |
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applicant; and |
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(B) is not related to an organ transplant |
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procedure; |
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(2) short-term, noncash, in-kind emergency disaster |
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relief; |
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(3) public health assistance for immunizations or for |
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testing and treatment of a symptom of a communicable disease, |
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regardless of whether the symptom is caused by a communicable |
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disease; |
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(4) a program, service, or other assistance, including |
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crisis counseling and intervention, short-term shelter, and |
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assistance provided through a soup kitchen, that: |
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(A) is specified by the United States attorney |
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general in the attorney general's sole and unreviewable discretion |
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after consultation with appropriate federal agencies; |
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(B) delivers in-kind assistance at the community |
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level, including through a public or private nonprofit agency; |
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(C) does not condition the provision of |
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assistance, the amount of assistance provided, or the cost of the |
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assistance provided on the recipient's income or resources; and |
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(D) is necessary for the protection of life or |
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safety; or |
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(5) any other public benefit for which lawful presence |
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in the United States is not required by: |
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(A) a federal or state law or regulation; or |
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(B) a local order or ordinance. |
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Sec. 2351.054. VERIFICATION OF ELIGIBILITY OF CERTAIN |
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APPLICANTS FOR PUBLIC BENEFITS REQUIRED. (a) A governmental |
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entity shall verify the eligibility of an applicant for a public |
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benefit who executes an affidavit under Section 2351.052 for that |
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public benefit using: |
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(1) the Systematic Alien Verification for |
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Entitlements (SAVE) program operated by the United States |
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Department of Homeland Security; or |
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(2) an equivalent program designated by that |
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department. |
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(b) A governmental entity shall presume that an applicant |
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for a public benefit who executes an affidavit under Section |
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2351.052 is lawfully present in the United States for purposes of |
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this subchapter until the governmental entity verifies the |
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applicant's eligibility in the manner required by Subsection (a). |
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Sec. 2351.055. ALTERNATE PROCEDURES FOR EFFICIENCY OR TO |
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REDUCE HARDSHIP AUTHORIZED. A governmental entity may adopt rules |
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that provide procedures that vary from the requirements of this |
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subchapter if the governmental entity's procedures: |
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(1) demonstrably improve efficiency or reduce delay in |
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verifying that an applicant is eligible for a public benefit, as |
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compared to the requirements of this subchapter; or |
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(2) apply only for an applicant who is a legal resident |
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of this state and with respect to whom the governmental entity |
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determines that the requirements of this subchapter would impose an |
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unusual hardship because of the applicant's circumstances. |
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[Sections 2351.056-2351.100 reserved for expansion] |
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SUBCHAPTER C. REPORTING REQUIREMENTS |
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Sec. 2351.101. REPORTING OF ERRORS AND DELAYS. (a) A |
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governmental entity shall monitor the occurrence of errors made, |
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and any significant delays caused, by the eligibility verification |
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program used under Section 2351.054. |
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(b) Not later than December 1 of each year, the governmental |
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entity shall submit a report to the United States Department of |
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Homeland Security regarding the occurrence during the previous year |
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of errors and delays described by Subsection (a). The report must |
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include: |
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(1) a determination of whether the eligibility |
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verification program is wrongfully denying public benefits to |
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individuals who are lawfully present in the United States; and |
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(2) recommendations for ensuring that the errors and |
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delays do not continue to occur. |
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(c) The governmental entity shall make the report submitted |
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under Subsection (b) available to the public. |
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Sec. 2351.102. ANNUAL COMPLIANCE REPORT. Not later than |
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December 1 of each year, each governmental entity that administers |
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a state or local public benefit shall submit to the governor, |
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lieutenant governor, and the speaker of the house of |
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representatives a report regarding the governmental entity's |
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compliance with this chapter. |
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[Sections 2351.103-2351.150 reserved for expansion] |
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SUBCHAPTER D. ENFORCEMENT |
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Sec. 2351.151. CRIMINAL PENALTY FOR FRAUDULENT AFFIDAVIT. |
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(a) An individual commits an offense if the individual knowingly |
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makes a false or otherwise fraudulent statement in an affidavit |
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executed under Section 2351.052. |
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(b) An offense under this section is a state jail felony. |
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(c) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section or the other law. |
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Sec. 2351.152. REPORTING OF FEDERAL CRIMINAL CONDUCT. If |
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an applicant for a public benefit submits to a governmental entity |
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an affidavit executed under Section 2351.052 containing a statement |
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that constitutes a false and wilful representation of United States |
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citizenship under 18 U.S.C. Section 911, the governmental entity |
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shall report that conduct to the United States attorney for the |
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district in which the affidavit was submitted. |
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SECTION 2. Subtitle H, Title 10, Government Code, as added |
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by this Act, applies to an application for a federal, state, or |
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local public benefit that is pending or filed on or after the |
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effective date of this Act. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2009. |