By: Lucio S.B. No. 1336
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of the Texas Commission on
  Immigration and Migration and a migrant worker visa pilot project.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 3, Government Code, is amended
  by adding Chapter 329 to read as follows:
  CHAPTER 329. TEXAS COMMISSION ON IMMIGRATION AND MIGRATION
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 329.001.  SHORT TITLE. This chapter is known as the
  Texas Commission on Immigration and Migration Act.
         Sec. 329.002.  DEFINITIONS. In this chapter:
               (1)  "Commission" means the Texas Commission on
  Immigration and Migration.
               (2)  "Pilot project" means the pilot project created
  under Subchapter D.
               (3)  "Pilot project memorandum of understanding" means
  the memorandum of understanding described in Section 329.151.
               (4)  "State agency" means a department, board,
  commission, office, or other agency in the executive, legislative,
  or judicial branch of state government. The term includes a state
  institution of higher education as defined by Section 61.003,
  Education Code.
               (5)  "United States nonimmigrant visa" means a visa
  issued by the federal government as provided in 8 U.S.C. Sections
  1101 and 1184.
  [Sections 329.003-329.050 reserved for expansion]
  SUBCHAPTER B. ESTABLISHMENT OF COMMISSION
         Sec. 329.051.  ESTABLISHMENT AND COMPOSITION. The Texas
  Commission on Immigration and Migration is an advisory commission
  composed of 26 members as follows:
               (1)  the lieutenant governor;
               (2)  the speaker of the house of representatives;
               (3)  a member of the minority party in the senate chosen
  by the senators who are members of that party;
               (4)  a member of the minority party in the house of
  representatives chosen by the representatives who are members of
  that party;
               (5)  the governor or the governor's designee;
               (6)  the attorney general or the attorney general's
  designee;
               (7)  the commissioner of agriculture or the
  commissioner's designee;
               (8)  the director of the Texas Economic Development and
  Tourism Office or the director's designee;
               (9)  the executive director of the Texas Workforce
  Commission or the executive director's designee;
               (10)  the comptroller or the comptroller's designee;
               (11)  three members of the house of representatives
  appointed by the speaker of the house of representatives, not more
  than two of whom may be from the same political party;
               (12)  three members of the public appointed by the
  speaker of the house of representatives in accordance with Section
  329.052;
               (13)  three members of the senate appointed by the
  lieutenant governor, not more than two of whom may be from the same
  political party;
               (14)  three members of the public appointed by the
  lieutenant governor in accordance with Section 329.052; and
               (15)  four members of the public appointed by the
  governor in accordance with Section 329.052.
         Sec. 329.052.  ELIGIBILITY OF PUBLIC MEMBERS; TERMS. (a)
  Public members of the commission appointed under Section 329.051
  must:
               (1)  be residents of this state; and
               (2)  be appointed with due regard for:
                     (A)  geographic representation;
                     (B)  diversity;
                     (C)  education, including academic
  postgraduate-level degrees related to the immigrant community in
  this state; and
                     (D)  knowledge and experience.
         (b)  An appointment by the lieutenant governor, the speaker
  of the house of representatives, or the governor may include a
  representative from:
               (1)  an immigrant or immigrant-serving community-based
  organization;
               (2)  a philanthropic organization;
               (3)  an advocacy group;
               (4)  a business, including an immigrant entrepreneur;
               (5)  a union;
               (6)  academia; or
               (7)  a faith-based organization.
         (c)  Public members of the commission serve three-year
  terms.
         (d)  A public member shall serve until a successor is
  appointed and qualified.
         Sec. 329.053.  VACANCY. A vacancy in the membership of the
  commission shall be filled for the unexpired term in the manner
  provided for the original appointment.
         Sec. 329.054.  PRESIDING OFFICER. The governor or, at the
  discretion of the governor, the lieutenant governor shall serve as
  presiding officer of the commission.
         Sec. 329.055.  VOTE. A vote of the majority of the
  commission members present when a quorum is present is an action of
  the commission.
         Sec. 329.056.  MEETINGS. The commission shall meet at least
  quarterly and at other times at the call of the presiding officer.
         Sec. 329.057.  COMPENSATION; REIMBURSEMENT. A member of the
  commission is not entitled to compensation for the member's service
  but may receive per diem and travel expenses in accordance with the
  General Appropriations Act.
         Sec. 329.058.  STAFF. The office of the attorney general
  shall staff the commission.
  [Sections 329.059-329.100 reserved for expansion]
  SUBCHAPTER C. COMMISSION POWERS AND DUTIES
         Sec. 329.101.  GENERAL POWERS AND DUTIES. The commission
  shall:
               (1)  conduct a thorough review of the economic, legal,
  cultural, and educational impact of illegal immigration on this
  state and its political subdivisions;
               (2)  conduct a thorough examination of state and
  federal laws relating to immigration, migration, and guest worker
  programs;
               (3)  develop a comprehensive, coordinated, and
  sustainable state plan to address:
                     (A)  immigration and the use of migrant workers in
  the state; and
                     (B)  integration of immigrants;
               (4)  make legislative recommendations to the governor
  and the legislature to implement the state plan described in
  Subdivision (3):
                     (A)  consistent with the respective
  constitutional powers, rights, and responsibilities of the United
  States and of this state; and
                     (B)  to protect the health, safety, and welfare of
  the residents of this state;
               (5)  advise the governor and the legislature on
  proposed legislation related to immigration:
                     (A)  to encourage a comprehensive, coordinated,
  and sustainable state response to issues related to immigration;
  and
                     (B)  on request of:
                           (i)  the governor;
                           (ii)  the lieutenant governor;
                           (iii)  the speaker of the house of
  representatives;
                           (iv)  a member of the minority party in the
  senate chosen by the senators who are members of that party; or
                           (v)  a member of the minority party in the
  house of representatives chosen by the representatives who are
  members of that party; and
               (6)  comply with the Migrant Worker Visa Pilot Project.
         Sec. 329.102.  STATE AGENCY INFORMATION. (a) The
  commission may request a state agency to provide the commission
  with information available to the state agency that the commission
  considers necessary to discharge the commission's duties under this
  chapter.
         (b)  A state agency shall cooperate with the commission to
  furnish the commission with the information requested under
  Subsection (a):
               (1)  to the extent not inconsistent with law;
               (2)  within the limits of the state agency's statutory
  authority; and
               (3)  on as timely a basis as is necessary to accomplish
  the purposes of this chapter.
         Sec. 329.103.  TESTIMONY; EXPERT CONSULTANTS. (a)  In
  performing its powers and duties, the commission may invite
  testimony from the governor, legislators, state agencies, and
  members of the public.
         (b)  The commission may consult with experts or other
  knowledgeable individuals in the public or private sector on any
  matter related to the commission's powers and duties under this
  chapter.
         Sec. 329.104.  PUBLIC HEARING. The commission may hold one
  or more public hearings that it considers advisable and in
  locations in this state that it chooses to afford interested
  persons an opportunity to appear and present views on any subject
  relating to the commission's powers and duties under this chapter.
         Sec. 329.105.  REPORT. (a) The commission annually shall
  report to the legislature and governor on its activities and
  recommendations.
         (a-1)  The commission shall submit an initial report to the
  legislature and governor not later than six months after the date of
  the first meeting of the commission. The commission shall submit
  its first annual report to the legislature and governor not later
  than six months after the date the initial report is submitted, or
  as soon as practicable after that date. This subsection expires
  January 1, 2014.
         (b)  The commission shall provide any report submitted under
  this section to the public on request.
         Sec. 329.106.  COLLABORATION ON INTEGRATION OF IMMIGRANTS;
  EVALUATION OF STATE GOVERNMENT. (a) Consistent with the state plan
  described in Section 329.101(3), the commission shall:
               (1)  work collaboratively with federal, state, and
  local governments to facilitate integration of immigrants in the
  state; and
               (2)  work collaboratively with businesses and
  community organizations to ensure that public input into the
  process is consistently maintained with regard to integration of
  immigrants.
         (b)  The commission shall evaluate the structure and
  organization of government in this state, including state agencies,
  independent entities, political subdivisions, and school
  districts, and advise the legislature and governor regarding the
  best way to achieve immigrant integration in the delivery of
  services and programs in a cost-neutral manner.
         (c)  In its examination of immigrant integration in this
  state, the commission shall identify any measures that will bring
  enhanced lawfulness, economy, efficiency, and accountability to
  government operations.
  [Sections 329.107-329.150 reserved for expansion]
  SUBCHAPTER D. MIGRANT WORKER VISA PILOT PROJECT
         Sec. 329.151.  PILOT PROJECT MEMORANDUM OF UNDERSTANDING.
  (a) With the assistance of the attorney general, the governor may
  negotiate and enter into a memorandum of understanding with the
  government of a state in Mexico to create the Migrant Worker Visa
  Pilot Project, under which Texas businesses may obtain legal
  foreign migrant workers through use of United States nonimmigrant
  visas.
         (b)  The commission shall recommend to the legislature and
  the governor policies and programs that will educate, encourage,
  support, and facilitate Texas businesses in need of temporary
  workers to participate in the pilot project.
         Sec. 329.152.  REQUIREMENTS FOR PILOT PROJECT AND PILOT
  PROJECT MEMORANDUM OF UNDERSTANDING. (a) Under the pilot project
  memorandum of understanding, the governor may commit this state,
  including the commission, to work directly with officials of the
  government of the Mexican state selected for the pilot project to
  encourage, facilitate, and support the migration of legal Mexican
  migrant workers from the Mexican state to Texas for the purpose of
  filling jobs with Texas businesses most in need of skilled and
  unskilled migrant labor.
         (b)  The pilot project and the pilot project memorandum of
  understanding must:
               (1)  be compatible with the Immigration and Nationality
  Act, 8 U.S.C. Section 1101 et seq., and federal policies,
  procedures, and requirements for issuing United States
  nonimmigrant visas to Mexicans qualified to participate in the
  pilot project, with particular attention to the following:
                     (A)  a Texas business hiring a migrant worker
  through the pilot project shall demonstrate and certify that there
  are not sufficient workers where that labor is to be performed who
  are able, willing, qualified, and available at the time of
  application for a United States nonimmigrant visa; and
                     (B)  the employment of the migrant worker will not
  adversely affect the wages and working conditions of workers in
  this state who are similarly employed;
               (2)  require that the Mexican state provide to Texas
  businesses Mexican migrant workers who meet certain requirements,
  including that each migrant worker:
                     (A)  meets the legal requirements of federal law
  with regard to eligibility for a United States nonimmigrant visa;
                     (B)  passes a criminal background check;
                     (C)  undergoes standardized testing to satisfy
  the hiring Texas business that the migrant worker possesses the
  requisite level of education or skill required for the job to be
  filled;
                     (D)  is issued a tamper-proof identification that
  includes personal information, photo, fingerprint, visa number,
  and an expiration date; and
                     (E)  will be notified by the Mexican state before
  the expiration date of the United States nonimmigrant visa of the
  date the migrant worker is required to return to Mexico; and
               (3)  if a migrant worker fails to return to Mexico
  before expiration of the migrant worker's United States
  nonimmigrant visa, require the Mexican state to notify:
                     (A)  the Texas business that hires the migrant
  worker;
                     (B)  the advisory committee created under
  Subchapter E; and
                     (C)  United States Immigration and Customs
  Enforcement.
         Sec. 329.153.  EXPANSION TO SIMILAR PILOT PROJECTS. (a)
  After the first anniversary of the date the pilot project
  memorandum of understanding is executed under Section 329.152, if
  the governor determines, after consultation with the commission,
  that the pilot project is successful, the governor may enter into
  one or more additional memoranda of understanding to create similar
  pilot projects, except that the governor may not enter into a
  similar pilot project memorandum of understanding with a country:
               (1)  designated by the United States Department of
  State as a state sponsor of terrorism;
               (2)  against which the United States has declared war;
  or
               (3)  against which the United States has imposed
  sanctions as listed under a sanctions program of the Office of
  Foreign Assets Control within the United States Department of the
  Treasury.
         (b)  After the governor has entered into one or more
  additional memoranda of understanding under Subsection (a), the
  governor, in consultation with the commission, may periodically
  evaluate whether to enter into additional pilot projects subject to
  the limitations of Subsections (a)(1) through (3).
         (c)  A memorandum of understanding creating a similar pilot
  project shall comply with the requirements of Section 329.152.
         (d)  A similar pilot project created under this section shall
  operate in a manner substantially similar to the pilot project
  implemented under Section 329.151.
  [Sections 329.154-329.200 reserved for expansion]
  SUBCHAPTER E. ADVISORY COMMITTEE
         Sec. 329.201.  CREATION OF ADVISORY COMMITTEE. (a) The
  commission shall create an advisory committee to perform the
  studies required by this subchapter.
         (b)  The commission shall appoint at least one member of the
  commission to the advisory committee.
         (c)  The advisory committee may work jointly with a similar
  committee of a Mexican state.
         Sec. 329.202.  REIMBURSEMENT. A member of the advisory
  committee may not receive a per diem or travel expenses.
         Sec. 329.203.  ADVISORY COMMITTEE DUTIES. The advisory
  committee shall:
               (1)  study the process and results of the pilot
  project;
               (2)  study the impact of existing federal law on the
  ability to meet the needs of Texas businesses and Mexican migrant
  workers;
               (3)  study the current United States nonimmigrant visa
  application process from both the employer and employee perspective
  to understand:
                     (A)  the strengths and weaknesses of the existing
  law; and
                     (B)  the United States nonimmigrant visa process
  and the implications to regional employment and security;
               (4)  document the state and regional economic impact
  and security implications of existing law and processes;
               (5)  educate the populations of Texas and a Mexican
  state on issues to create alignment around a shared vision; and
               (6)  present the committee's findings annually to the
  commission in a detailed report that includes recommendations to
  the commission on how to best address the challenges of
  immigration, employment, and security.
         Sec. 329.204.  COMMISSION RECOMMENDATIONS. (a) The
  commission shall use the information generated by the advisory
  committee pursuant to the pilot project to make recommendations to
  the governor not later than the first anniversary after the date the
  pilot project memorandum of understanding is executed.
         (b)  The commission shall consider including in the
  recommendations:
               (1)  observations and market recommendations;
               (2)  one or more proposals to amend existing law as
  necessary to accomplish the recommendations made by the commission
  and to meet the realities of current economic necessities;
               (3)  a recommendation as to whether, and if so, to what
  extent, the current caps on the H-2B United States nonimmigrant
  visas should be raised; and
               (4)  a recommendation as to whether the wait time
  between receiving H-2B United States nonimmigrant visas should be
  shortened.
         (c)  The governor may report the recommendations of the
  commission to the president of the United States, Congress, and the
  United States attorney general.
         SECTION 2.  Not later than November 1, 2013, the governor,
  lieutenant governor, and speaker of the house of representatives
  shall appoint the initial public members to the Texas Commission on
  Immigration and Migration as follows:
               (1)  the following are appointed to a three-year term:
                     (A)  one member appointed by the lieutenant
  governor;
                     (B)  one member appointed by the speaker of the
  house of representatives; and
                     (C)  one member appointed by the governor;
               (2)  the following are appointed to a two-year term:
                     (A)  one member appointed by the lieutenant
  governor;
                     (B)  one member appointed by the speaker of the
  house of representatives; and
                     (C)  one member appointed by the governor; and
               (3)  the following are appointed to a one-year term:
                     (A)  one member appointed by the lieutenant
  governor;
                     (B)  one member appointed by the speaker of the
  house of representatives; and
                     (C)  two members appointed by the governor.
         SECTION 3.  This Act takes effect September 1, 2013.