By: Lucio S.B. No. 838

(In the Senate - Filed February 27, 2015; March 4, 2015, read first time and referred to Subcommittee on Border Security; May 5, 2015, reported adversely, with favorable Committee Substitute to Committee on Veteran Affairs and Military Installations; May 11, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 11, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 838 By: Lucio

A BILL TO BE ENTITLED

AN ACT

relating to the functions of the Office of Immigration and Refugee Affairs, the Governor's Advisory Committee on Immigration and Refugees, and use of the state's disaster contingency fund for purposes related to immigration and refugees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 418.073, Government Code, is amended by adding Subsection (i) to read as follows:

(i) Money in the disaster contingency fund may be used to provide assistance for relief of a humanitarian crisis in accordance with Section 752.009(b).

SECTION 2. Section 752.001, Government Code, is amended to read as follows:

Sec. 752.001. OFFICE OF IMMIGRATION AND REFUGEE AFFAIRS. (a) The Office of Immigration and Refugee Affairs is [created] within the Health and Human Services Commission [Texas Department of Human Services].

(b) The office shall work in conjunction with the office of the secretary of state. The office and the secretary of state shall enter into a memorandum of understanding that clearly defines the responsibilities of each office under this subchapter.

SECTION 3. Section 752.004, Government Code, is amended to read as follows:

Sec. 752.004. APPLICATION FOR AND DISTRIBUTION OF FEDERAL FUNDS AND FUNDING OPPORTUNITIES. (a) The secretary of state, on behalf of the office, shall apply for the maximum amount of federal funds available through the Immigration Reform and Control Act of 1986 (Pub. L. No. 99-603), the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.), [and] the Refugee Act of 1980 (8 U.S.C. Section 1521 et seq.), and other federal programs, as appropriate, for use in assisting state agencies, local governments, nonprofit organizations, and faith-based organizations in addressing matters related to immigrants and refugees. The secretary of state, on behalf of the office, shall apply for those funds and shall distribute the funds to agencies and other entities responsible for providing services to immigrants, including newly legalized aliens, and refugees in accordance with federal law. The office may retain a portion of the federal funds to cover reasonable costs incurred in securing and administering the funds. The office may delegate to an appropriate state agency the administration of funds under this section.

(b) The secretary of state, on behalf of the office, shall pursue federal funding opportunities to assist state agencies, local governments, nonprofit organizations, and faith-based organizations with costs associated with addressing matters related to immigrants and refugees.

SECTION 4. Subchapter A, Chapter 752, Government Code, is amended by adding Section 752.0075 to read as follows:

Sec. 752.0075. INTERNATIONAL MEETINGS. The secretary of state, on behalf of the office, shall arrange meetings with appropriate local, state, and federal authorities and the appropriate corresponding international authorities, including authorities in Mexico, to develop increased communication, cooperation, and coordination to establish initiatives and government-supported efforts that limit the entrance of unlawful aliens into this state.

SECTION 5. Section 752.009, Government Code, is amended to read as follows:

Sec. 752.009. FUNDING. (a) Except for any unspent appropriations transferred under this Act or any gifts, grants, or donations accepted under this Act, the Office of Immigration and Refugee Affairs may use only federal funds to perform the duties prescribed by this Act.

(b) If the governor by proclamation determines that a mass influx of unlawful aliens has created a state of humanitarian crisis, the governor may use the state's disaster contingency fund to, in coordination with the immigration and refugee coordinator for the office, provide assistance to state agencies, local governments, nonprofit organizations, and faith-based organizations to alleviate the costs associated with addressing the crisis.

SECTION 6. Section 752.021, Government Code, is amended to read as follows:

Sec. 752.021. GOVERNOR'S ADVISORY COMMITTEE ON IMMIGRATION AND REFUGEES. The Governor's Advisory Committee on Immigration and Refugees is created within the office of the governor. The committee shall advise and make recommendations to the Office of Immigration and Refugee Affairs on immigration and refugee issues, including [the SLIAG program authorized by the Immigration Reform and Control Act of 1986 (8 U.S.C. Section 1101 et seq.) and the] refugee assistance programs [authorized by the Refugee Act of 1980 (8 U.S.C. Section 1521 et seq.)].

SECTION 7. Sections 752.022(a) and (c), Government Code, are amended to read as follows:

(a) The committee is composed of 12 members appointed by the governor with the advice and consent of the senate as follows:

(1) two representatives of the refugee population;

(2) two representatives of the immigrant population;

(3) three representatives of local provider programs that serve immigrants or refugees and that receive federal funds, with one each from a public health program, a public assistance program, and an education program;

(4) one representative [three representatives] from a faith-based organization that assists local governments with matters related to immigrants and refugees;

(5) two representatives from voluntary resettlement agencies that receive state or federal funds;

(6) [(5)] one representative from a legal organization that is involved in issues relating to immigrants or refugees; and

(7) [(6)] one representative from a service organization that works with immigrants or refugees.

(c) The governor shall appoint a member of the committee to serve as the chair of the committee [for a one-year term].

SECTION 8. Subchapter B, Chapter 752, Government Code, is amended by adding Section 752.0231 to read as follows:

Sec. 752.0231. OTHER LAW. Section 2110.008 does not apply to the committee.

SECTION 9. Section 752.024, Government Code, is amended to read as follows:

Sec. 752.024. FUNCTIONS OF COMMITTEE. The committee shall:

(1) advise and make recommendations to the Office of Immigration and Refugee Affairs regarding policy, planning, and priorities for matters related to immigrants and refugees [the SLIAG program and refugee assistance programs];

(2) advise and make recommendations to the Office of Immigration and Refugee Affairs regarding coordination of the efforts of all public agencies involved in health, human services, and education matters that relate to federal immigration and refugee laws and rules [or implementation of the SLIAG program or refugee assistance programs];

(3) encourage communication and cooperation among local agencies and programs, state agencies, immigration-related and refugee-related legal and service agencies, and the federal government;

(4) assist the Office of Immigration and Refugee Affairs in applying for the maximum amount of federal funds available for immigrant-related [SLIAG-related] programs and activities and refugee-related programs and activities and in identifying local programs and costs relating to immigration or refugees for which the state or a political subdivision may receive reimbursement;

(5) provide information to programs and activities that serve and encourage legalization and education of residents of this state;

(6) review issues related to immigrants and refugees [federal issues regarding the SLIAG program and refugee assistance programs] and make recommendations to the Office of Immigration and Refugee Affairs to encourage the development of a state response to those [federal] issues;

(7) [review and make recommendations to the Office of Immigration and Refugee Affairs and state agencies to ensure that the system of fiscal and program operations for the SLIAG program and refugee assistance programs is consistent with existing state and federal requirements;

[(8)] assist the Office of Immigration and Refugee Affairs in the development of an annual report on the status of matters related to immigrants and refugees [the SLIAG program and refugee assistance programs] in the state;

(8) [(9)] advise and make recommendations to the Office of Immigration and Refugee Affairs on other related matters as directed by the governor; and

(9) [(10)] assist the Office of Immigration and Refugee Affairs to better address issues related to immigrants and refugees confronting the state and local communities [in the development of a spending plan for fiscal years 1993 and 1994 proposing spending priorities for SLIAG funds for services to eligible legalized aliens and for other federal funds available to benefit immigrants or refugees in the state].

SECTION 10. (a) Not later than January 1, 2016, the governor shall appoint the members of the Governor's Advisory Committee on Immigration and Refugees as provided by Section 752.022(a), Government Code, as amended by this Act. The committee is re-created on the date the governor makes the appointments as provided by this subsection.

(b) Notwithstanding Section 752.022(b), Government Code, the terms of the members of the advisory committee appointed as provided by Subsection (a) of this section expire February 1, 2017.

SECTION 11. This Act takes effect September 1, 2015.

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