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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a temporary guest worker program |
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in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 752, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. TEMPORARY GUEST WORKER PROGRAM |
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Sec. 752.101. DEFINITION. In this subchapter: |
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(1) "Program" means the temporary guest worker program |
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established under this subchapter. |
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(2) "United States nonimmigrant visa" means a visa |
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issued by the federal government as provided in 8 U.S.C. Sections |
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1101 and 1184. |
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Sec. 752.102. FEDERAL AUTHORIZATION; MEMORANDUM OF |
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UNDERSTANDING. (a) The governor shall seek from the appropriate |
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federal agency a waiver or other authorization necessary to |
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establish and implement a temporary guest worker program in this |
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state under this subchapter. |
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(b) On receipt of federal authorization under Subsection |
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(a) and subject to that authorization and Section 752.103, the |
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governor may negotiate and enter into a memorandum of understanding |
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with the government of a state in Mexico to create a temporary guest |
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worker program under which businesses in this state may obtain |
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legal foreign temporary guest workers through use of United States |
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nonimmigrant visas. |
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Sec. 752.103. REQUIREMENTS FOR PROGRAM AND MEMORANDUM OF |
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UNDERSTANDING. (a) Under a memorandum of understanding entered |
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into under Section 752.102, the governor may commit this state to |
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work directly with officials of the government of the Mexican state |
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selected for the program to encourage, facilitate, and support the |
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migration of legal Mexican temporary guest workers from the Mexican |
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state to this state for the purpose of filling jobs with businesses |
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in this state identified by the Texas Workforce Commission as being |
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most in need of skilled and unskilled migrant labor. |
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(b) The program and memorandum of understanding must: |
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(1) be compatible with the Immigration and Nationality |
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Act, 8 U.S.C. Section 1101 et seq., and federal policies, |
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procedures, and requirements for issuing United States |
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nonimmigrant visas to Mexicans qualified to participate in the |
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program, with particular attention to the following: |
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(A) a business in this state hiring a temporary |
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guest worker through the program shall demonstrate and certify that |
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there are not sufficient workers where that labor is to be performed |
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who are able, willing, qualified, and available at the time of |
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application for a United States nonimmigrant visa; and |
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(B) the employment of the temporary guest worker |
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will not adversely affect the wages and working conditions of |
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workers in this state who are similarly employed; |
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(2) require that the Mexican state provide to |
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businesses in this state Mexican temporary guest workers who meet |
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certain requirements, including that each temporary guest worker: |
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(A) meets the legal requirements of federal law |
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with regard to eligibility for a United States nonimmigrant visa; |
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(B) passes a criminal background check; |
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(C) undergoes standardized testing to satisfy |
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the hiring business that the temporary guest worker possesses the |
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requisite level of education or skill required for the job to be |
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filled; |
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(D) is issued a tamper-proof identification that |
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includes personal information, a photo, a fingerprint, a visa |
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number, and an expiration date; and |
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(E) will be notified by the Mexican state before |
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the expiration date of the United States nonimmigrant visa of the |
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date the temporary guest worker is required to return to Mexico; and |
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(3) if a temporary guest worker fails to return to |
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Mexico before expiration of the temporary guest worker's United |
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States nonimmigrant visa, require the Mexican state to notify: |
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(A) the business that hires the temporary guest |
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worker; |
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(B) the governor; and |
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(C) United States Immigration and Customs |
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Enforcement. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the governor shall seek from the appropriate federal |
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agency a waiver or other authorization necessary to establish a |
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temporary guest worker program in this state, as required by |
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Section 752.102, Government Code, as added by this Act. |
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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, 2025. |