88S30966 SCP/MZM-D
 
  By: Hall S.B. No. 81
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain laws that regulate aspects of illegal
  immigration in this state, including laws pertaining to the DNA
  records of certain persons subject to an immigration detainer
  request, the recognition of certain out-of-state driver's
  licenses, inviting certain federal agencies to participate on the
  homeland security council, the reporting of certain uncompensated
  hospital care costs, and certain requirements for participation in
  the E-verify program; increasing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  DNA RECORDS OF CERTAIN PERSONS SUBJECT TO IMMIGRATION
  DETAINER REQUEST
         SECTION 1.01.  Article 2.251(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  A law enforcement agency that has custody of a person
  subject to an immigration detainer request issued by United States
  Immigration and Customs Enforcement shall:
               (1)  comply with, honor, and fulfill any request made
  in the detainer request provided by the federal government; [and]
               (2)  inform the person that the person is being held
  pursuant to an immigration detainer request issued by United States
  Immigration and Customs Enforcement; and
               (3)  require the person to provide one or more
  specimens for the purpose of creating a DNA record.
         SECTION 1.02.  Section 411.142(g), Government Code, is
  amended to read as follows:
         (g)  The DNA database may contain DNA records for the
  following:
               (1)  an individual described by this subchapter,
  including Section 411.1471, 411.148, or 411.154;
               (2)  a biological specimen that is legally obtained in
  the investigation of a crime, regardless of origin;
               (3)  results of testing ordered by a court under this
  subchapter, Article 64.03, Code of Criminal Procedure, or other law
  permitting or requiring the creation of a DNA record;
               (4)  an unidentified missing person, or unidentified
  skeletal remains or body parts;
               (5)  a close biological relative of a person who has
  been reported missing to a law enforcement agency;
               (6)  a person at risk of becoming lost, such as a child
  or a person declared by a court to be mentally incapacitated, if the
  record is required by court order or a parent, conservator, or
  guardian of the person consents to the record; [or]
               (7)  an unidentified person, if the record does not
  contain personal identifying information; or
               (8)  a person who is:
                     (A)  subject to an immigration detainer request
  issued by United States Immigration and Customs Enforcement; and
                     (B)  in the custody of a law enforcement agency in
  accordance with Article 2.251, Code of Criminal Procedure.
  ARTICLE 2.  CERTAIN OUT-OF-STATE DRIVER'S LICENSES NOT RECOGNIZED
         SECTION 2.01.  Section 521.025, Transportation Code, is
  amended by amending Subsection (c) and adding Subsection (c-1) to
  read as follows:
         (c)  A person who violates this section commits an offense.  
  Subject to Subsection (c-1), an [An] offense under this subsection
  is a misdemeanor punishable by a fine not to exceed $200, except
  that:
               (1)  for a second conviction within one year after the
  date of the first conviction, the offense is a misdemeanor
  punishable by a fine of not less than $25 or more than $200;
               (2)  for a third or subsequent conviction within one
  year after the date of the second conviction the offense is a
  misdemeanor punishable by:
                     (A)  a fine of not less than $25 or more than $500;
                     (B)  confinement in the county jail for not less
  than 72 hours or more than six months; or
                     (C)  both the fine and confinement; and
               (3)  if it is shown on the trial of the offense that at
  the time of the offense the person was operating the motor vehicle
  in violation of Section 601.191 and caused or was at fault in a
  motor vehicle collision that resulted in serious bodily injury to
  or the death of another person, an offense under this section is a
  Class A misdemeanor.
         (c-1)  An offense under this section is a Class C misdemeanor
  if it is shown on the trial of the offense that at the time of the
  offense the person was operating the motor vehicle under the
  authority of an unrecognized out-of-state driver's license
  described by Section 521.0301(a).
         SECTION 2.02.  Section 521.029(a), Transportation Code, is
  amended to read as follows:
         (a)  Except as provided by Section 521.0301, a [A] person who
  enters this state as a new resident may operate a motor vehicle in
  this state for no more than 90 days after the date on which the
  person enters this state if the person:
               (1)  is 16 years of age or older; and
               (2)  has in the person's possession a driver's license
  issued to the person by the person's state or country of previous
  residence.
         SECTION 2.03.  Section 521.030, Transportation Code, is
  amended to read as follows:
         Sec. 521.030.  RECIPROCAL LICENSE. (a)  Except as provided
  by Section 521.0301, a [A] nonresident who is 18 years of age or
  older and who has in the person's possession a license issued to the
  person by the person's state or country of residence that is similar
  to a Class A or Class B driver's license issued under this chapter
  is not required to hold a Class A or Class B driver's license issued
  under this chapter if that state or country of residence recognizes
  such a license issued by this state and exempts the holder from
  securing a license issued by the state or foreign country.
         (b)  Except as provided by Section 521.0301, a [A]
  nonresident who is 16 years of age or older and who has in the
  person's possession a driver's license issued to the person by the
  person's state or Canadian province of residence may operate a type
  of motor vehicle that is permitted to be operated with a Class C or
  Class M driver's license in this state if the license held by the
  nonresident permits operation of that type of vehicle in the
  person's state or province of residence.
         SECTION 2.04.  Subchapter B, Chapter 521, Transportation
  Code, is amended by adding Section 521.0301 to read as follows:
         Sec. 521.0301.  CERTAIN OUT-OF-STATE DRIVER'S LICENSES NOT
  RECOGNIZED. (a)  Notwithstanding any other provision of law, a
  person may not operate a motor vehicle in this state under the
  authority of a driver's license issued by a state that does not
  require a person to provide proof of United States citizenship or
  legal residence as a condition of receiving the license.
         (b)  The department shall establish and maintain on the
  department's Internet website a list of states that do not require a
  person to provide proof of United States citizenship or legal
  residence as a condition of receiving a driver's license.
  ARTICLE 3.  INVITATION TO CERTAIN FEDERAL AGENCIES TO PARTICIPATE
  ON THE HOMELAND SECURITY COUNCIL
         SECTION 3.01.  Subchapter B, Chapter 421, Government Code,
  is amended by adding Section 421.0211 to read as follows:
         Sec. 421.0211.  FEDERAL ADVISORS. The governor shall extend
  an invitation to each of the following federal agencies to appoint a
  member of the agency to the council:
               (1)  the United States Department of Homeland Security;
               (2)  United States Immigration and Customs
  Enforcement; and
               (3)  United States Customs and Border Protection.
  ARTICLE 4.  REPORTING REQUIREMENTS RELATING TO CERTAIN
  UNCOMPENSATED HOSPITAL CARE COSTS
         SECTION 4.01.  Subchapter O, Chapter 531, Government Code,
  is amended by adding Section 531.552 to read as follows:
         Sec. 531.552.  ANNUAL REPORT ON UNCOMPENSATED HOSPITAL CARE
  PROVIDED TO PERSONS NOT LAWFULLY PRESENT.  (a)  In this section:
               (1)  "Person not lawfully present" means a person who,
  at the time health care services are provided, is not:
                     (A)  a citizen or national of the United States;
  or
                     (B)  an alien who is lawfully admitted for
  permanent residence in the United States under the federal
  Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or
  authorized to be employed by that Act or the United States attorney
  general.
               (2)  "Uncompensated hospital care" has the meaning
  adopted under Section 531.551.
         (b)  Not later than November 1 of each year, the commission
  shall prepare and submit to the governor and the legislature a
  written report for the preceding state fiscal year on:
               (1)  the cost of uncompensated hospital care incurred
  by hospitals in this state to provide health care services to
  patients who were persons not lawfully present; and
               (2)  the impact that incurring the costs described by
  Subdivision (1) had on those hospitals.
         (c)  For purposes of preparing the report required by
  Subsection (b), the executive commissioner by rule shall require
  each hospital in this state that provides uncompensated hospital
  care to:
               (1)  include on the hospital's patient intake form:
                     (A)  a question regarding the patient's
  citizenship or immigration status; and
                     (B)  a statement that the patient's response to
  that question will not:
                           (i)  affect any health care service provided
  to the patient; or
                           (ii)  result in a report of the patient's
  citizenship or immigration status to a law enforcement agency; and
               (2)  quarterly submit to the commission in the manner
  and format prescribed by the commission a written report on:
                     (A)  the number of patients who received health
  care services from the hospital during the preceding quarter who
  were persons not lawfully present;
                     (B)  the total cost of uncompensated hospital care
  incurred by the hospital as a result of providing health care
  services to the patients who were persons not lawfully present; and
                     (C)  the impact on the hospital of providing
  uncompensated hospital care to patients who were persons not
  lawfully present.
         (d)  A patient's response to the question described by
  Subsection (c)(1)(A) may not:
               (1)  affect the health care services provided to the
  patient; or
               (2)  result in a report of the patient’s citizenship or
  immigration status to a law enforcement agency.
         (e)  The commission shall ensure the reports required under
  this section do not include any personal identifying information.
  ARTICLE 5. CERTAIN REQUIREMENTS FOR PARTICIPATION IN THE FEDERAL
  ELECTRONIC VERIFICATION OF EMPLOYMENT AUTHORIZATION PROGRAM, OR
  E-VERIFY
         SECTION 5.01.  The heading to Chapter 2264, Government Code,
  is amended to read as follows:
  CHAPTER 2264. CERTAIN RESTRICTIONS ON [USE OF CERTAIN] PUBLIC
  SUBSIDIES AND STATE CONTRACTS
         SECTION 5.02.  Section 2264.101, Government Code, is
  transferred to Subchapter B, Chapter 2264, Government Code,
  redesignated as Section 2264.054, Government Code, and amended to
  read as follows:
         Sec. 2264.054  [2264.101].  RECOVERY. (a)  A public agency,
  local taxing jurisdiction, or economic development corporation, or
  the attorney general on behalf of the state or a state agency, may
  bring a civil action to recover any amounts owed to the public
  agency, state or local taxing jurisdiction, or economic development
  corporation under this subchapter [chapter].
         (b)  The public agency, local taxing jurisdiction, economic
  development corporation, or attorney general, as applicable, shall
  recover court costs and reasonable attorney's fees incurred in an
  action brought under Subsection (a).
         (c)  A business is not liable for a violation of this
  subchapter [chapter] by a subsidiary, affiliate, or franchisee of
  the business, or by a person with whom the business contracts.
         SECTION 5.03.  The heading to Subchapter C, Chapter 2264,
  Government Code, is amended to read as follows:
  SUBCHAPTER C.  E-VERIFY PROGRAM [ENFORCEMENT]
         SECTION 5.04.  Subchapter C, Chapter 2264, Government Code,
  is amended by adding Sections 2264.1011, 2264.102, 2264.103,
  2264.104, and 2264.105 to read as follows:
         Sec. 2264.1011.  DEFINITIONS.  In this subchapter:
               (1)  "E-verify program" has the meaning assigned by
  Section 673.001.
               (2)  "State agency" has the meaning assigned by Section
  2103.001.
         Sec. 2264.102.  VERIFICATION BY CONTRACTORS.  (a)  A state
  agency may not award a contract for goods or services within this
  state to a contractor unless the contractor and any subcontractor
  register with and participate in the E-verify program to verify
  employee information.  The contractor and any subcontractor must
  continue to participate in the program during the term of the
  contract.
         (b)  Each contract with a state agency must include the
  following statement:
         "______________ (name of contractor) certifies that
  __________ (name of contractor) is not ineligible to receive this
  contract under Subchapter C, Chapter 2264, Government Code, and
  acknowledges that if this certification is inaccurate or becomes
  inaccurate during the term of the contract, the contractor may be
  barred from participating in state contracts."
         (c)  If a state agency determines that a contractor was
  ineligible to have the contract awarded under Subsection (a), that
  a contractor has ceased participation in the E-verify program
  during the term of the contract, or that a subcontractor is not
  registered with or is not participating in the E-verify program,
  the state agency shall terminate the contract and refer the matter
  to the comptroller for action.
         (d)  Each state agency shall develop procedures for the
  administration of this section.
         Sec. 2264.103.  EXCEPTION. A contractor or subcontractor
  under a contract to which Section 2264.102 applies is not required
  to verify employee information through the E-verify program during
  any year for which the federal government has not funded the
  E-verify program.
         Sec. 2264.104.  BARRING FROM STATE CONTRACTS. (a) Using
  procedures prescribed under Section 2155.077, the comptroller may
  bar a contractor from participating in state contracts if the
  comptroller determines that the contractor:
               (1)  was awarded a contract in violation of Section
  2264.102;
               (2)  has ceased participation in the E-verify program
  during the term of the contract; or
               (3)  knowingly hired a subcontractor, other than a
  subcontractor who acts exclusively as a supplier for the contract,
  to perform work under the contract who is not registered with or is
  not participating in the E-verify program.
         (b)  Debarment under this section is for a period of one year
  except that the debarment may be extended by the comptroller for
  additional one-year periods if the comptroller determines that the
  grounds for debarment under this section continue to exist.
         (c)  It is an affirmative defense to a debarment proceeding
  under this section that the contractor did not know that a
  subcontractor hired to perform work under the contract is not
  registered with or is not participating in the E-verify program.
         Sec. 2264.105.  CONTRACT TERMINATION. If a state agency
  terminates a contract for a reason described by Section
  2264.102(c), the agency may require the contractor to pay any costs
  associated with the termination.
         SECTION 5.05.  Subtitle B, Title 2, Labor Code, is amended by
  adding Chapter 53 to read as follows:
  CHAPTER 53.  VERIFICATION OF EMPLOYEE INFORMATION
         Sec. 53.001.  DEFINITIONS.  In this chapter:
               (1)  "Commission" means the Texas Workforce
  Commission.
               (2)  "Employee" means an individual who is employed by
  an employer for compensation.  The term includes an individual
  employed on a part-time basis.
               (3)  "Employer" means a person, other than a
  governmental entity or a sole proprietorship, who:
                     (A)  employs one or more employees; or
                     (B)  acts directly or indirectly in the interests
  of an employer in relation to an employee.
               (4)  "Employment" means any service, including service
  in interstate commerce, that is performed for wages or under a
  contract of hire, whether written or oral or express or implied.
  The term does not include any service performed by an individual for
  wages if it is shown that the individual is free from control or
  direction in the performance of the service, both under any
  contract of service and in fact.
               (5)  "E-verify program" has the meaning assigned by
  Section 673.001, Government Code.
               (6)  "Person not lawfully present" means a person who,
  at the time of employment, is not:
                     (A)  a citizen or national of the United States;
  or
                     (B)  an alien who is lawfully admitted for
  permanent residence in the United States under the federal
  Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) or
  authorized to be employed by that Act or the United States attorney
  general.
         Sec. 53.002.  EMPLOYEE STATUS. An employer may not classify
  an individual performing services for the employer as an
  independent contractor instead of as an employee of the employer
  solely for the purpose of avoiding the requirements applicable to
  an employer under this chapter.
         Sec. 53.003.  VERIFICATION AND RECORDS. (a) An employer
  shall register and participate in the E-verify program to verify
  information of all new employees.
         (b)  The employer must verify a new employee's information
  not later than the third business day of the employee's employment.
  If the E-verify program is unavailable during the first three
  business days of the new employee's employment, the employer must
  verify the employee's information by submitting the employment
  eligibility verification form commonly referred to as the I-9 to
  the appropriate governmental entity.
         (c)  An employer shall maintain a record of an employee
  verification for at least three years.
         Sec. 53.004.  EXCEPTION. (a)  An employer is not required to
  verify employee information through the E-verify program during any
  year for which the federal government has not funded the E-verify
  program.
         (b)  For purposes of this section, Section 2264.103,
  Government Code, and Section 181.003, Local Government Code, the
  commission shall:
               (1)  monitor whether the federal government has funded
  the E-verify program for the current year; and
               (2)  maintain in a conspicuous location on the
  commission's Internet website updated information regarding
  whether the federal government has funded the E-verify program for
  the current year.
         Sec. 53.005.  ENFORCEMENT BY STATE AGENCIES; RULES.  (a)  
  Notwithstanding any other law, each appropriate state agency shall
  ensure that employers in this state comply with Section 53.003 and
  may require compliance with that section as a condition of a
  license, certificate, registration, permit, or other authorization
  issued by the agency that is required for a person to practice or
  engage in a particular business, occupation, or profession in this
  state.
         (b)  Notwithstanding any other law, if a state agency that
  issues a license, certificate, registration, permit, or other
  authorization for a person to practice or engage in a particular
  business, occupation, or profession in this state determines that
  an employer's failure to comply with Section 53.003 has resulted in
  the employer's employment of a person not lawfully present, the
  state agency may:
               (1)  suspend or revoke any license, certificate,
  registration, permit, or other authorization issued by the agency
  to the employer, as follows:
                     (A)  for an employer who employs at least one but
  not more than 10 persons not lawfully present, suspension for 30
  days;
                     (B)  for an employer who employs at least 11 but
  not more than 50 persons not lawfully present, suspension for 60
  days; and
                     (C)  for an employer who employs 51 or more
  persons not lawfully present, permanent revocation; and
               (2)  if applicable, require the employer to pay back
  any economic development funds received as part of an economic
  development program administered by this state.
         (c)  A proceeding under Subsection (b) is subject to Chapter
  2001, Government Code.
         (d)  Each appropriate state agency shall adopt rules and
  prescribe forms as necessary to implement this section.
         SECTION 5.06.  Subtitle C, Title 5, Local Government Code,
  is amended by adding Chapter 181 to read as follows:
               CHAPTER 181. VERIFICATION OF EMPLOYEE INFORMATION
         Sec. 181.001.  DEFINITIONS. In this chapter:
               (1)  "E-verify program" has the meaning assigned by
  Section 673.001, Government Code.
               (2)  "Political subdivision" means a county,
  municipality, school district, junior college district, other
  special district, or other subdivision of state government.
         Sec. 181.002.  VERIFICATION AND RECORDS. (a)  A political
  subdivision shall register and participate in the E-verify program
  to verify information of all new employees.
         (b)  The political subdivision must verify a new employee's
  information not later than the third business day of the employee's
  employment.  If the E-verify program is unavailable during the
  first three business days of the new employee's employment, the
  political subdivision must verify the employee's information by
  submitting the employment eligibility verification form commonly
  referred to as the I-9 to the appropriate governmental entity.
         (c)  A political subdivision shall maintain a record of an
  employee verification for at least three years.
         Sec. 181.003.  EXCEPTION. A political subdivision is not
  required to verify employee information through the E-verify
  program during any year for which the federal government has not
  funded the E-verify program.
         Sec. 181.004.  TERMINATION OF EMPLOYMENT.  An employee of a
  political subdivision who is responsible for verifying information
  of new employees of the political subdivision as required by
  Section 181.002 is subject to immediate termination of employment
  if the employee fails to comply with that section.
  ARTICLE 6.  TRANSITIONS AND EFFECTIVE DATE
         SECTION 6.01.  Article 2.251, Code of Criminal Procedure, as
  amended by this Act, applies only to a person arrested or otherwise
  taken into custody by a law enforcement agency on or after the
  effective date of this Act.
         SECTION 6.02.  As soon as practicable after the effective
  date of this Act, the governor shall extend an invitation to each
  federal agency described by Section 421.0211, Government Code, as
  added by this Act, for membership to the Homeland Security Council
  established under Subchapter B, Chapter 421, Government Code.
         SECTION 6.03.  (a)  As soon as practicable after the
  effective date of this Act, the executive commissioner of the
  Health and Human Services Commission shall adopt the rules required
  by Section 531.552, Government Code, as added by this Act.
         (b)  Notwithstanding Section 531.552, Government Code, as
  added by this Act, the Health and Human Services Commission is not
  required to submit the initial report required by that section
  until November 1, 2025.
         SECTION 6.04.  Each state agency subject to Subchapter C,
  Chapter 2264, Government Code, as amended by this Act, shall
  develop the procedures required under Section 2264.102(d),
  Government Code, as added by this Act, not later than December 31,
  2024.
         SECTION 6.05.  Sections 2264.1011, 2264.102, 2264.103,
  2264.104, and 2264.105, Government Code, as added by this Act,
  apply only in relation to a contract entered into on or after
  January 1, 2025.
         SECTION 6.06.  As soon as practicable after the effective
  date of this Act, each appropriate state agency subject to Section
  53.005, Labor Code, as added by this Act, shall adopt rules and
  prescribe forms as required by that section.
         SECTION 6.07.  Sections 53.003, Labor Code, and 181.002,
  Local Government Code, as added by this Act, apply beginning
  January 1, 2025.
         SECTION 6.08.  This Act takes effect on the 91st day after
  the last day of the legislative session.