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A BILL TO BE ENTITLED
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AN ACT
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relating to cooperation with federal agencies on a guest worker |
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program in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) This Act shall be known as the Texas |
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Immigration Procedure Trade and Development Act. |
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(b) Due to the decades-long failure by the federal |
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government to solve the undocumented immigration-related problems |
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facing the United States, individual states have been forced to |
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shoulder the consequences of a broken federal immigration system. |
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The Texas Immigration Procedure Trade and Development Act proposes |
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a balanced business-driven and law-driven state solution to failed |
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federal immigration policies that brings skilled and unskilled |
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workers into this state for temporary periods of time when Texas |
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workers are not available. |
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SECTION 2. Chapter 751, Government Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. COOPERATION WITH FEDERAL GOVERNMENT FOR GUEST WORKER |
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PROGRAM |
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Sec. 751.051. GUEST WORKER PROGRAM. (a) The office, in |
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consultation with the Texas Workforce Commission and with the |
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assistance of the secretary of state and attorney general, shall |
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seek to enter into a memorandum of understanding or other agreement |
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with the appropriate federal agency to authorize or grant a waiver |
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for a temporary guest worker program to be implemented in order to |
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bring skilled and unskilled workers into this state during periods |
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of time when workers in this state are not available to fill open |
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employment positions. The proposed program would: |
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(1) be self-funding through individual and employer |
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participation; |
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(2) require applicants to: |
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(A) pass a criminal background check; |
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(B) register with the appropriate state and |
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federal agencies certifying the applicant's immigration status; |
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(C) submit proof of health insurance coverage |
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provided by the applicant's employer or purchased by the applicant; |
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(D) demonstrate a proficiency in the English |
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language; |
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(E) complete a workforce safety training course |
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provided by the applicant's employer; and |
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(F) reapply for financial assistance from any |
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public entitlement program from which the applicant is receiving |
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assistance at the time of application to the guest worker program |
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based on the applicant's status and income level as a temporary |
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guest worker; |
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(3) limit participation to employers that deduct and |
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match payroll taxes; and |
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(4) provide for a tamper-proof identification card for |
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program participants that would assist in monitoring any criminal |
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and civil court appearances. |
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(b) The identification card required by Subsection (a)(4) |
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must include the applicant's personal information, photograph, |
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fingerprint, and visa number and have an expiration date. |
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(c) Any guest worker program implemented by this state must |
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comply with any applicable federal guidelines by having a federal |
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waiver or other authorization for the program. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |