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Jackson Takes Action Against Illegal Persons in Texas

Published: 12-15-06



AUSTIN—State Representative Jim Jackson (District 115, Carrollton) announced that he has filed bills for consideration by the 80th Legislature that take aggressive measures against illegal persons' rights in the State of Texas. Rep. Jackson stated, “As a member of the legislature, I took an oath to uphold all laws both State and Federal.”



House Bill 291 by Jackson, if passed, would require governmental entities and contractors with governmental entities to participate in the Federal Work Authorization Program. The bill amends the Government Code to add Chapter 619 which defines a “Federal Work Program” as a work program operated by the U.S. Department of Homeland Security to verify information of newly hired employees under the Federal Immigration Reform and Control Act of 1986.



A “Governmental Entity” is defined as the state, or a political subdivision of the state, including a municipality, a county, or any kind of district. A governmental entity is required to register and participate in the federal work authorization program to verify information of all new employers. Rules would be created by the Texas Workforce Commission to verify information of all new employees.



House Bill 291 provides for termination of employment of an employee of a governmental entity who is responsible for the verification of new employees, if the employee fails to comply with the verification requirements. The bill mandates that a governmental entity may not award a contract for goods or services within this state to a contractor, unless the contractor registers and participates in the Federal Work Authorization Program to verify information of all new employees. The contractor must continue to participate in the program during the term of the contract.



Each contract with a governmental entity must include a certification that the contractor is not eligible to receive the contract if the certification is inaccurate or becomes inaccurate during the term of the contract; or the contract may be terminated without payment and a civil penalty will be imposed.



Each governmental entity shall develop procedures for administration of the requirements imposed in the bill. Rep. Jackson said, "The employers who should first comply with the law forbidding hiring illegal persons are the governments whose officers take an oath to 'preserve, protect, and defend the Constitution and the laws of the United States and of this State' (Texas)."



The Texas Attorney General is given the authority to institute an action in district Court to recover a civil penalty against a person who is awarded a contract in violation of verification requirements. The civil penalty imposed is not to exceed $500 or one percent of the contract price, whichever is greater. Each day a contractor holds the contract while in violation of the bill constitutes a separate violation for purposes of imposing a penalty. The bill provides that the civil penalty recovered is to be deposited in the state treasury. If passed by the 80th Legislature, the bill takes effect September 1, 2007.



Jackson's second bill, House Bill 141 would rescind in-state tuition for non-legal persons. H.B. 1403 which was enacted during the 77th Regular Session gave in-state tuition rates to the children of non-legal persons. Rep. Jackson stated, “Our military’s children do not presently have these rights so why should Texas’ colleges be required to provide it for the children of non-legal persons."



H.B. 141 amends Section 54.052 of the Education Code to eliminate the provision in current law that allows children of non-legal persons who graduate from a high school in this state to be considered residents of Texas when applying for college. It adds a provision that a person who is not lawfully authorized to be present in the United States may not be considered a resident of this state.



Jackson’s bill deletes the provision of the Education Code which requires a person to establish resident status, but allows for a person who has resided in the state and is not a citizen or permanent resident of the United States to sign an affidavit of intent to apply to become a permanent resident of the U.S. as soon as the person becomes eligible to apply. Jackson stated, “There is nothing to ensure that the proposed student will become an American citizen.”



Additionally, the bill requires an individual to establish resident status documentation as required by rule of the Texas Higher Education Coordinating Board. The Coordinating Board shall adopt rules prescribing the documentation required for purposes of the bill. H.B. 141, if passed by the legislature this session, will be effective beginning with resident status at public institutions of higher education for the 2007 Fall Semester.



State Representative Jim Jackson is serving his second term in the Texas House. He is a member of the Texas Conservative Coalition Research Institute Immigration Task Force which recently made its interim report and recommendations to the 80th Legislature. Employer Sanctions is one of the committee’s recommendations. Rep. Jackson previously joined with a number of House members asking President Bush to take all necessary means to seal Texas’ border with Mexico. “Sealing the border is a rational first step,” said Rep. Jackson.



I appreciate the many communications from constituents that I have received on these important issues and hope they will continue to keep me informed.



To contact State Representative Jackson in Austin:

Phone: 512-463-0486,

Address: P.O. Box 2910,

Austin, Texas 78768-2910



In the district:

Phone: 972-416-7698,

Address: 1120 Metrocrest Drive #107,

Carrollton, Texas 75006