BILL ANALYSIS

H.B. 608

By: Zerwas

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Currently, state agencies are not required to report the costs and services provided to undocumented workers and residents, although prior legislation directed a state health agency to report the costs of services provided to undocumented immigrants to the U.S. Congress and the state legislature. The report's findings demonstrated the need to expand reporting requirements to all state agencies.  H.B. 608 seeks to assess the estimated financial impact of undocumented immigrants on the state budget and economy by requiring state agency and comptroller reports on the costs of services and benefits provided to undocumented immigrants.

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.

ANALYSIS

H.B. 608 amends the Government Code to require each state agency, not later than December 31 of each year, to submit to the comptroller of public accounts a report of the cost of services and benefits provided to undocumented immigrants, with the agency determining the extent to which undocumented immigrants are served by the agency by considering statements and other information provided by the recipient of a service or benefit that identifies the recipient as an undocumented immigrant, including place of birth, registration with the Social Security Administration to the extent that such information may be lawfully obtained, and work history, or by using an aggregated statistical method developed by the agency if it is not practical for the agency to directly determine whether each recipient of a service or benefit is an undocumented immigrant. The bill requires the comptroller to use the reported information to produce a biennial report to the legislature regarding the estimated financial impact of undocumented immigrants on the state budget and economy. The bill requires the report to be produced using aggregated statistical data that does not contain personally identifiable information and prohibits information sought for the preparation of the report from violating any federal or state laws, including rules, regarding privacy.

H.B. 608 defines "undocumented immigrant" to mean an individual who is not a United States citizen, a legal permanent resident of the United States, or a qualified alien or nonimmigrant under the federal Immigration and Nationality Act who is legally present in the United States.

EFFECTIVE DATE

September 1, 2011.