Thread: Texas Bills in House

80R2881 YDB-F

By: Shapleigh S.B. No. 151






A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the immigration status or nationality of a person
1-3 needing or receiving certain emergency services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading to Section 311.022, Health and
1-6 Safety Code, is amended to read as follows:
1-7 Sec. 311.022. DISCRIMINATION PROHIBITED [IN DENIAL OF
1-8 SERVICES]; CRIMINAL PENALTIES.
1-9 SECTION 2. Section 311.022, Health and Safety Code, is
1-10 amended by adding Subsection (c-1) to read as follows:
1-11 (c-1) An officer, employee, or medical staff member of a
1-12 general hospital may not inquire as to the immigration status or
1-13 nationality of a person who needs or receives emergency services,
1-14 unless the information is necessary to provide those services to
1-15 the person.
1-16 SECTION 3. Subchapter A, Chapter 773, Health and Safety
1-17 Code, is amended by adding Section 773.016 to read as follows:
1-18 Sec. 773.016. REQUEST FOR CERTAIN INFORMATION PROHIBITED.
1-19 (a) Emergency medical services personnel, physicians, or emergency
1-20 room admissions personnel may not inquire as to the immigration
1-21 status or nationality of a patient who needs or receives emergency
1-22 medical services unless the information is necessary to provide
1-23 those services to the patient.
1-24 (b) The privilege of confidentiality under Section 773.091
2-1 extends to any information regarding the immigration status or
2-2 natio
nality of a patient who needs or receives emergency medical
2-3 services.
2-4 SECTION 4. This Act takes effect September 1, 2007.

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80R791 KSD-D

By: Nelson S.B. No. 47






A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain requirements relating to an application for a
1-3 marriage license and an affidavit of an absent applicant for a
1-4 marriage license and to the maintenance of marriage and divorce
1-5 indexes by the bureau of vital statistics; providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 2.004(b), Family Code, is amended to
1-8 read as follows:
1-9 (b) The application form must contain:
1-10 (1) a heading entitled "Application for Marriage
1-11 License, ____________ County, Texas";
1-12 (2) spaces for each applicant's full name, including
1-13 the woman's maiden surname, address, social security number, if
1-14 any, date of birth, and place of birth, including city, county, and
1-15 state;
1-16 (3) a space for indicating the document tendered by
1-17 each applicant as proof of identity and age;
1-18 (4) spaces for indicating whether each applicant has
1-19 been divorced within the last 30 days;
1-20 (5) printed boxes for each applicant to check "true"
1-21 or "false" in response to the following statements [statement]:
1-22 (A) "I am not presently married and the other
1-23 applicant is not presently married under the laws of this state or
1-24 any other jurisdiction.";
2-1 (B) "I do not desire to marry the other applicant
2-2 to circumvent immigration laws or for the sole purpose of obtaining
2-3 immigration benefits."; and
2-4 (C) "I have not received and will not accept
2-5 consideration or payment of any kind for marrying the other
2-6 applicant to circumvent immigration laws or for the sole purpose of
2-7 obtaining immigration benefits.";
2-8 (6) printed boxes for each applicant to check "true"
2-9 or "false" in response to the following statement: "The other
2-10 applicant is not related to me as:
2-11 (A) an ancestor or descendant, by blood or
2-12 adoption;
2-13 (B) a brother or sister, of the whole or half
2-14 blood or by adoption;
2-15 (C) a parent's brother or sister, of the whole or
2-16 half blood or by adoption;
2-17 (D) a son or daughter of a brother or sister, of
2-18 the whole or half blood or by adoption;
2-19 (E) a current or former stepchild or stepparent;
2-20 or
2-21 (F) a son or daughter of a parent's brother or
2-22 sister, of the whole or half blood or by adoption.";
2-23 (7) printed boxes for each applicant to check "true"
2-24 or "false" in response to the following statement: "I am not
2-25 presently delinquent in the payment of court-ordered child
2-26 support.";
2-27 ( a printed oath reading: "I SOLEMNLY SWEAR (OR
3-1 AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS
3-2 CORRECT.";
3-3 (9) spaces immediately below the printed oath for the
3-4 applicants' signatures;
3-5 (10) a certificate of the county clerk that:
3-6 (A) each applicant made the oath and the date and
3-7 place that it was made; or
3-8 (B) an applicant did not appear personally but
3-9 the prerequisites for the license have been fulfilled as provided
3-10 by this chapter;
3-11 (11) spaces for indicating the date of the marriage
3-12 and the county in which the marriage is performed; [and]
3-13 (12) a space for the address to which the applicants
3-14 desire the completed license to be mailed; and
3-15 (13) spaces for each applicant to indicate whether the
3-16 applicant has ever been a party to a divorce or an annulment of a
3-17 marriage.
3-18 SECTION 2. Section 2.007, Family Code, is amended to read as
3-19 follows:
3-20 Sec. 2.007. AFFIDAVIT OF ABSENT APPLICANT. The affidavit of
3-21 an absent applicant must include:
3-22 (1) the absent applicant's full name, including the
3-23 maiden surname of a female applicant, address, date of birth, place
3-24 of birth, including city, county, and state, citizenship, and
3-25 social security number, if any;
3-26 (2) a declaration that the absent applicant has not
3-27 been divorced within the last 30 days;
4-1 (3) a declaration that the absent applicant is:
4-2 (A) not presently married under the laws of this
4-3 state or any other jurisdiction; or
4-4 (B) married to the other applicant and they wish
4-5 to marry again;
4-6 (4) a declaration that the other applicant is not
4-7 presently married and is not related to the absent applicant as:
4-8 (A) an ancestor or descendant, by blood or
4-9 adoption;
4-10 (B) a brother or sister, of the whole or half
4-11 blood or by adoption;
4-12 (C) a parent's brother or sister, of the whole or
4-13 half blood or by adoption;
4-14 (D) a son or daughter of a brother or sister, of
4-15 the whole or half blood or by adoption;
4-16 (E) a current or former stepchild or stepparent;
4-17 or
4-18 (F) a son or daughter of a parent's brother or
4-19 sister, of the whole or half blood or by adoption;
4-20 (5) a declaration that the absent applicant desires to
4-21 marry and the name, age, and address of the person to whom the
4-22 absent applicant desires to be married;
4-23 (6) the approximate date on which the marriage is to
4-24 occur;
4-25 (7) the reason the absent applicant is unable to
4-26 appear personally before the county clerk for the issuance of the
4-27 license; [and]
5-1 ( if the absent applicant will be unable to attend
5-2 the ceremony, the appointment of any adult, other than the other
5-3 applicant, to act as proxy for the purpose of participating in the
5-4 ceremony;
5-5 (9) a declaration that the applicant does not desire
5-6 to marry to circumvent immigration laws or for the sole purpose of
5-7 obtaining immigration benefits;
5-8 (10) a declaration that the applicant has not received
5-9 and will not accept consideration or payment of any kind for
5-10 marrying the absent applicant to circumvent immigration laws or for
5-11 the sole purpose of obtaining immigration benefits; and
5-12 (11) a declaration of whether the applicant has ever
5-13 been a party to a divorce or an annulment of a marriage.
5-14 SECTION 3. Section 2.009(b), Family Code, is amended to
5-15 read as follows:
5-16 (b) If an applicant checks "false" in response to the
5-17 statement "I am not presently married and the other applicant is not
5-18 presently married under the laws of this state or any other
5-19 jurisdiction," the county clerk shall inquire as to whether the
5-20 applicant is presently married to the other applicant. If the
5-21 applicant states that the applicant is currently married to the
5-22 other applicant, the county clerk shall record that statement on
5-23 the license before the administration of the oath. The county clerk
5-24 may not refuse to issue a license on the ground that the applicants
5-25 are already married to each other.
5-26 SECTION 4. Subchapter A, Chapter 2, Family Code, is amended
5-27 by adding Section 2.0125 to read as follows:
6-1 Sec. 2.0125. PROSECUTION FOR AGGRAVATED PERJURY. An
6-2 applicant who provides false information in an application for a
6-3 license under Section 2.004(b)(5) or (13), or in an affidavit under
6-4 Section 2.007(3)(A), (9), (10), or (11), is subject to prosecution
6-5 for aggravated perjury under Section 37.03, Penal Code.
6-6 SECTION 5. Section 194.001(a), Health and Safety Code, is
6-7 amended to read as follows:
6-8 (a) The county clerk shall file with the bureau of vital
6-9 statistics a copy of each completed marriage license application,
6-10 including any affidavit of an absent applicant for the license. The
6-11 clerk shall file the copy not later than the 90th day after the date
6-12 of the application. The clerk may not collect a fee for filing the
6-13 copy.
6-14 SECTION 6. Section 194.003, Health and Safety Code, is
6-15 amended by adding Subsections (c) and (d) to read as follows:
6-16 (c) The bureau of vital statistics shall make available on
6-17 its Internet website the indexes required by this section. To the
6-18 extent practicable using the fees imposed by Sections 118.018(d)
6-19 and 118.019(b), Local Government Code, the bureau shall enhance the
6-20 search capabilities of its database of information regarding
6-21 marriages, divorces, or annulments of marriages and ensure that the
6-22 indexes required by this section are up-to-date, accurate, and
6-23 easily accessible to interested members of the public.
6-24 (d) The executive commissioner of the Health and Human
6-25 Services Commission shall adopt rules for the administration of
6-26 this section.
6-27 SECTION 7. Section 118.018, Local Government Code, is
7-1 amended by adding Subsection (d) to read as follows:
7-2 (d) In addition to other fees collected under this section,
7-3 a county clerk shall collect from a marriage license applicant a fee
7-4 not to exceed $5 to be sent to the bureau of vital statistics of the
7-5 Department of State Health Services for updating, developing, and
7-6 maintaining the state index of marriage license applications and
7-7 declarations of informal marriage and the state index of reports of
7-8 divorces or annulments of marriage under Section 194.003, Health
7-9 and Safety Code.
7-10 SECTION 8. Section 118.019, Local Government Code, is
7-11 amended to read as follows:
7-12 Sec. 118.019. DECLARATION OF INFORMAL MARRIAGE. (a) The
7-13 fee for "Declaration of Informal Marriage" under Section 118.011 is
7-14 for all services rendered in connection with the execution of a
7-15 declaration of informal marriage under Section 1.92, Family Code.
7-16 The fee shall be collected at the time the service is rendered.
7-17 (b) In addition to the fee described by Subsection (a), a
7-18 county clerk shall collect from the parties to a declaration of
7-19 informal marriage a fee not to exceed $5 to be sent to the bureau of
7-20 vital statistics of the Department of State Health Services for
7-21 updating, developing, and maintaining the state index of marriage
7-22 license applications and declarations of informal marriage and the
7-23 state index of reports of divorces or annulments of marriage under
7-24 Section 194.003, Health and Safety Code.
7-25 SECTION 9. Section 118.022(a), Local Government Code, is
7-26 amended to read as follows:
7-27 (a) The county clerk shall deposit, as provided by
8-1 Subchapter B, Chapter 133, $12.50 of each fee collected for
8-2 issuance of a marriage license or declaration of informal marriage,
8-3 other than a fee imposed under Section 118.018(d) or 118.019(b), to
8-4 be sent to the comptroller and deposited as provided by Subsection
8-5 (b).
8-6 SECTION 10. Sections 2.004 and 2.007, Family Code, and
8-7 Section 194.001(a), Health and Safety Code, as amended by this Act,
8-8 and Section 2.0125, Family Code, as added by this Act, apply only to
8-9 an application for a marriage license filed, or a declaration of an
8-10 informal marriage executed, as applicable, on or after the
8-11 effective date of this Act. An application filed or declaration
8-12 executed before the effective date of this Act is governed by the
8-13 law in effect on the date the application was filed or the
8-14 declaration was executed, and the former law is continued in effect
8-15 for that purpose.
8-16 SECTION 11. The executive commissioner of the Health and
8-17 Human Services Commission shall adopt rules for the administration
8-18 of Section 194.003, Health and Safety Code, as required by this Act,
8-19 as soon as practicable after the effective date of this Act.
8-20 SECTION 12. The changes in law made by this Act to Sections
8-21 118.018, 118.019, and 118.022, Local Government Code, apply only to
8-22 a fee imposed for a marriage license application filed, or a
8-23 declaration of an informal marriage executed, as applicable, on or
8-24 after the effective date of this Act. A fee imposed for an
8-25 application filed or declaration executed before the effective date
8-26 of this Act is governed by the law in effect on the date the
8-27 application was filed or the declaration was executed, and the
9-1 former law is continued in effect for that purpose.
9-2 SECTION 13. This Act takes effect September 1, 2007.
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80R2891 KEL-D

By: Shapleigh S.B. No. 150






A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a prohibition on certain law enforcement profiling
1-3 based on a person's immigration or nationality status.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 2.131, Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 Art. 2.131. RACIAL PROFILING AND OTHER FORMS OF PROFILING
1-8 PROHIBITED. (a) A peace officer may not engage in racial
1-9 profiling.
1-10 (b) A peace officer may not:
1-11 (1) detain a person based only on the person's
1-12 immigration status or nationality; or
1-13 (2) inquire as to a person's immigration status or
1-14 nationality except as necessary to establish probable cause for an
1-15 arrest or otherwise investigate a criminal offense.
1-16 SECTION 2. This Act takes effect immediately if it receives
1-17 a vote of two-thirds of all the members elected to each house, as
1-18 provided by Section 39, Article III, Texas Constitution. If this
1-19 Act does not receive the vote necessary for immediate effect, this
1-20 Act takes effect September 1, 2007.
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80R1848 MTB-D

By: Jackson H.B. No. 291






A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring governmental entities and contractors with
1-3 governmental entities to participate in the federal work
1-4 authorization program; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle A, Title 6, Government Code, is amended
1-7 by adding Chapter 619 to read as follows:
1-8 CHAPTER 619. VERIFICATION OF EMPLOYEE INFORMATION
1-9 Sec. 619.001. DEFINITIONS. In this chapter:
1-10 (1) "Federal work authorization program" means a work
1-11 authorization program operated by the United States Department of
1-12 Homeland Security to verify information of newly hired employees
1-13 under the federal Immigration Reform and Control Act of 1986 (Pub.
1-14 L. No. 99-603).
1-15 (2) "Governmental entity" means:
1-16 (A) the state; or
1-17 (B) a political subdivision of the state,
1-18 including a municipality, a county, or any kind of district.
1-19 Sec. 619.002. VERIFICATION. A governmental entity shall
1-20 register and participate in the federal work authorization program
1-21 to verify information of all new employees.
1-22 Sec. 619.003. RULES. The Texas Workforce Commission shall
1-23 adopt rules and prescribe forms to implement this chapter.
1-24 Sec. 619.004. TERMINATION OF EMPLOYMENT. An employee of a
2-1 governmental entity who is responsible for verifying information of
2-2 new employees of the governmental entity as required by Section
2-3 619.002 is subject to immediate termination of employment if the
2-4 employee fails to comply with that section.
2-5 SECTION 2. Chapter 2252, Government Code, is amended by
2-6 adding Subchapter F to read as follows:
2-7 SUBCHAPTER F. FEDERAL WORK AUTHORIZATION PROGRAM
2-8 Sec. 2252.151. DEFINITIONS. In this subchapter:
2-9 (1) "Federal work authorization program" means a work
2-10 authorization program operated by the United States Department of
2-11 Homeland Security to verify information of newly hired employees
2-12 under the federal Immigration Reform and Control Act of 1986 (Pub.
2-13 L. No. 99-603).
2-14 (2) "Governmental entity" means:
2-15 (A) the state; or
2-16 (B) a political subdivision of the state,
2-17 including a municipality, a county, or any kind of district.
2-18 Sec. 2252.152. VERIFICATION. (a) A governmental entity
2-19 may not award a contract for goods or services within this state to
2-20 a contractor unless the contractor registers and participates in
2-21 the federal work authorization program to verify information of all
2-22 new employees. The contractor must continue to participate in the
2-23 program during the term of the contract.
2-24 (b) Each contract with a governmental entity must include
2-25 the following statement:
2-26 "______________ (name of contractor) certifies that
2-27 __________ (name of contractor) is not ineligible to receive this
3-1 contract under Subchapter F, Chapter 2252, Government Code, and
3-2 acknowledges that if this certification is inaccurate or becomes
3-3 inaccurate during the term of the contract, the contract will be
3-4 terminated without payment and a civil penalty may be imposed."
3-5 (c) If a governmental entity determines that a contractor
3-6 was ineligible to have the contract awarded under Subsection (a) or
3-7 has ceased participation in the federal work authorization program
3-8 during the term of the contract, the governmental entity shall
3-9 immediately terminate the contract without further obligation to
3-10 the contractor.
3-11 (d) Each governmental entity shall develop procedures for
3-12 the administration of this section.
3-13 Sec. 2252.153. CIVIL PENALTY. (a) The attorney general may
3-14 institute an action in district court to recover a civil penalty
3-15 against a person who is awarded a contract in violation of Section
3-16 2252.152 or has ceased participation in the federal work
3-17 authorization program during the term of the contract.
3-18 (b) A civil penalty imposed under this section may not
3-19 exceed $500 or one percent of the contract price, whichever is
3-20 greater, for each violation. Each day a contractor holds the
3-21 contract while in violation of Section 2252.152 constitutes a
3-22 separate violation for purposes of imposing the penalty.
3-23 (c) A civil penalty recovered in an action brought by the
3-24 attorney general shall be deposited in the state treasury.
3-25 SECTION 3. Subchapter F, Chapter 2252, Government Code, as
3-26 added by this Act, applies only in relation to a contract for which
3-27 the request for bids or proposals or other applicable expressions
4-1 of interest is made public on or after the effective date of this
4-2 Act.
4-3 SECTION 4. This Act takes effect September 1, 2007.
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80R1848 MTB-D

By: Carona S.B. No. 116






A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring governmental entities and contractors with
1-3 governmental entities to participate in the federal work
1-4 authorization program; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle A, Title 6, Government Code, is amended
1-7 by adding Chapter 619 to read as follows:
1-8 CHAPTER 619. VERIFICATION OF EMPLOYEE INFORMATION
1-9 Sec. 619.001. DEFINITIONS. In this chapter:
1-10 (1) "Federal work authorization program" means a work
1-11 authorization program operated by the United States Department of
1-12 Homeland Security to verify information of newly hired employees
1-13 under the federal Immigration Reform and Control Act of 1986 (Pub.
1-14 L. No. 99-603).
1-15 (2) "Governmental entity" means:
1-16 (A) the state; or
1-17 (B) a political subdivision of the state,
1-18 including a municipality, a county, or any kind of district.
1-19 Sec. 619.002. VERIFICATION. A governmental entity shall
1-20 register and participate in the federal work authorization program
1-21 to verify information of all new employees.
1-22 Sec. 619.003. RULES. The Texas Workforce Commission shall
1-23 adopt rules and prescribe forms to implement this chapter.
1-24 Sec. 619.004. TERMINATION OF EMPLOYMENT. An employee of a
2-1 governmental entity who is responsible for verifying information of
2-2 new employees of the governmental entity as required by Section
2-3 619.002 is subject to immediate termination of employment if the
2-4 employee fails to comply with that section.
2-5 SECTION 2. Chapter 2252, Government Code, is amended by
2-6 adding Subchapter F to read as follows:
2-7 SUBCHAPTER F. FEDERAL WORK AUTHORIZATION PROGRAM
2-8 Sec. 2252.151. DEFINITIONS. In this subchapter:
2-9 (1) "Federal work authorization program" means a work
2-10 authorization program operated by the United States Department of
2-11 Homeland Security to verify information of newly hired employees
2-12 under the federal Immigration Reform and Control Act of 1986 (Pub.
2-13 L. No. 99-603).
2-14 (2) "Governmental entity" means:
2-15 (A) the state; or
2-16 (B) a political subdivision of the state,
2-17 including a municipality, a county, or any kind of district.
2-18 Sec. 2252.152. VERIFICATION. (a) A governmental entity
2-19 may not award a contract for goods or services within this state to
2-20 a contractor unless the contractor registers and participates in
2-21 the federal work authorization program to verify information of all
2-22 new employees. The contractor must continue to participate in the
2-23 program during the term of the contract.
2-24 (b) Each contract with a governmental entity must include
2-25 the following statement:
2-26 "______________ (name of contractor) certifies that
2-27 __________ (name of contractor) is not ineligible to receive this
3-1 contract under Subchapter F, Chapter 2252, Government Code, and
3-2 acknowledges that if this certification is inaccurate or becomes
3-3 inaccurate during the term of the contract, the contract will be
3-4 terminated without payment and a civil penalty may be imposed."
3-5 (c) If a governmental entity determines that a contractor
3-6 was ineligible to have the contract awarded under Subsection (a) or
3-7 has ceased participation in the federal work authorization program
3-8 during the term of the contract, the governmental entity shall
3-9 immediately terminate the contract without further obligation to
3-10 the contractor.
3-11 (d) Each governmental entity shall develop procedures for
3-12 the administration of this section.
3-13 Sec. 2252.153. CIVIL PENALTY. (a) The attorney general may
3-14 institute an action in district court to recover a civil penalty
3-15 against a person who is awarded a contract in violation of Section
3-16 2252.152 or has ceased participation in the federal work
3-17 authorization program during the term of the contract.
3-18 (b) A civil penalty imposed under this section may not
3-19 exceed $500 or one percent of the contract price, whichever is
3-20 greater, for each violation. Each day a contractor holds the
3-21 contract while in violation of Section 2252.152 constitutes a
3-22 separate violation for purposes of imposing the penalty.
3-23 (c) A civil penalty recovered in an action brought by the
3-24 attorney general shall be deposited in the state treasury.
3-25 SECTION 3. Subchapter F, Chapter 2252, Government Code, as
3-26 added by this Act, applies only in relation to a contract for which
3-27 the request for bids or proposals or other applicable expressions
4-1 of interest is made public on or after the effective date of this
4-2 Act.
4-3 SECTION 4. This Act takes effect September 1, 2007.
--------------------------
80R648 KFF-D

By: Paxton H.B. No. 40






A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring certain applicants for and recipients of
1-3 medical assistance to provide proof of citizenship or nationality
1-4 and of identity.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
1-7 is amended by adding Sections 32.0252 and 32.0253 to read as
1-8 follows:
1-9 Sec. 32.0252. CERTAIN APPLICANTS REQUIRED TO PROVIDE PROOF
1-10 OF CITIZENSHIP OR NATIONALITY AND OF IDENTITY. (a) An applicant,
1-11 other than an applicant described by 42 U.S.C. Section 1396b(x)(2)
1-12 and applicable federal regulations, who states the applicant is a
1-13 United States citizen or national must provide proof to the
1-14 department of the applicant's citizenship or nationality and
1-15 identity at the time the application for medical assistance is
1-16 filed.
1-17 (b) An applicant may provide one of the following documents
1-18 as proof of both citizenship or nationality and identity:
1-19 (1) a United States passport;
1-20 (2) a certificate of naturalization (federal Form
1-21 N-550 or N-570);
1-22 (3) a certificate of United States citizenship
1-23 (federal Form N-560 or N-561); or
1-24 (4) except as provided by Subsection (d), any other
2-1 document specified by 42 U.S.C. Section 1396b(x) and applicable
2-2 federal regulations as acceptable proof of both an applicant's
2-3 citizenship or nationality and identity.
2-4 (c) An applicant who is unable to provide one of the
2-5 documents listed in Subsection (b) may provide:
2-6 (1) as proof of citizenship or nationality, one of the
2-7 following documents:
2-8 (A) a certified copy of the applicant's
2-9 certificate of birth in the United States;
2-10 (B) a certification of birth abroad (federal Form
2-11 FS-545 or DS-1350);
2-12 (C) a United States citizen identification card
2-13 (federal Form I-97) issued by the former United States Immigration
2-14 and Naturalization Service;
2-15 (D) a report of birth abroad of a United States
2-16 citizen (federal Form FS-240); or
2-17 (E) except as provided by Subsection (d), any
2-18 other document specified by 42 U.S.C. Section 1396b(x) and
2-19 applicable federal regulations as acceptable proof of an
2-20 applicant's citizenship or nationality; and
2-21 (2) as proof of identity, one of the following:
2-22 (A) a driver's license or a personal
2-23 identification card issued to the applicant by the Department of
2-24 Public Safety or a similar document issued to the applicant by an
2-25 agency of another state if the document contains a photograph of the
2-26 applicant or a physical description of the applicant sufficient to
2-27 establish the applicant's identity; or
3-1 (B) any other document specified by 42 U.S.C.
3-2 Section 1396b(x) and applicable federal regulations as acceptable
3-3 proof of an applicant's identity.
3-4 (d) Notwithstanding any other law, the department may not
3-5 accept as proof of citizenship an affidavit by an individual with
3-6 knowledge of the events or circumstances establishing an
3-7 applicant's claim of citizenship.
3-8 Sec. 32.0253. CERTAIN RECIPIENTS REQUIRED TO PROVIDE PROOF
3-9 OF CITIZENSHIP ON RECERTIFICATION OF ELIGIBILITY. (a) A recipient
3-10 of medical assistance who, before September 1, 2007, provided an
3-11 affidavit authorized by 42 C.F.R. Section 435.407(d)(5) or
3-12 436.407(d)(5) as proof of the recipient's citizenship shall, at the
3-13 recipient's first recertification review of eligibility and need
3-14 for medical assistance occurring on or after September 1, 2007,
3-15 provide proof of the recipient's citizenship that is acceptable
3-16 under Section 32.0252 as proof of citizenship of an applicant for
3-17 medical assistance.
3-18 (b) This section expires September 1, 2008.
3-19 SECTION 2. If before implementing any provision of this Act
3-20 a state agency determines that a waiver or authorization from a
3-21 federal agency is necessary for implementation of that provision,
3-22 the agency affected by the provision shall request the waiver or
3-23 authorization and may delay implementing that provision until the
3-24 waiver or authorization is granted.
3-25 SECTION 3. Section 32.0252, Human Resources Code, as added
3-26 by this Act, applies to a person who applies for medical assistance
3-27 on or after the effective date of this Act.
4-1 SECTION 4. This Act takes effect September 1, 2007.
---------------------------
80R1245 CAE-D

By: Berman H.B. No. 28






A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of an individual born in this state
1-3 whose parents are illegal aliens to receive state benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 10, Government Code, is amended by adding
1-6 Subtitle H to read as follows:
1-7 SUBTITLE H. PROVISION OF PUBLIC BENEFITS
1-8 CHAPTER 2352. ELIGIBILITY FOR BENEFITS
1-9 Sec. 2352.001. DEFINITION. In this chapter, "illegal
1-10 alien" means an individual who is not a citizen or national of the
1-11 United States and who has entered the United States without
1-12 inspection and authorization by an immigration officer.
1-13 Sec. 2352.002. APPLICABILITY. This chapter applies only to
1-14 an individual:
1-15 (1) who is born in this state on or after the effective
1-16 date of this chapter; and
1-17 (2) whose parents are illegal aliens at the time the
1-18 individual is born.

1-19 Sec. 2352.003. ELIGIBILITY. An individual to whom this
1-20 chapter applies is not entitled to and may not receive any benefit
1-21 provided by this state or a political subdivision of this state,
1-22 including:
1-23 (1) a grant, contract, loan, professional license, or
1-24 commercial license provided by an agency of this state or a
2-1 political subdivision of this state or by appropriated funds of
2-2 this state or a political subdivision of this state;
2-3 (2) employment by this state or a political
2-4 subdivision of this state;
2-5 (3) a retirement payment or other benefit received on
2-6 account of the status of the individual as a former employee or
2-7 officer of this state or a political subdivision of this state;
2-8 (4) public assistance benefits, including welfare
2-9 payments, food stamps, or food assistance from this state or a
2-10 political subdivision of this state;
2-11 (5) health care or public assistance health benefits;
2-12 (6) disability benefits or assistance;
2-13 (7) public housing or public housing assistance;
2-14 ( instruction in primary or secondary education;
2-15 (9) instruction from a public institution of higher
2-16 education; and
2-17 (10) an unemployment benefit.
2-18 SECTION 2. This Act takes effect immediately if it receives
2-19 a vote of two-thirds of all the members elected to each house, as
2-20 provided by Section 39, Article III, Texas Constitution. If this
2-21 Act does not receive the vote necessary for immediate effect, this
2-22 Act takes effect September 1, 2007.
-----------------------------
80R244 BEF-D

By: Delisi H.B. No. 127






A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement that state agencies report the cost of
1-3 services and benefits provided to unlawful immigrants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2101.0115, Government Code, is amended
1-6 by amending Subsections (c) and (d) and by adding Subsection (e) to
1-7 read as follows:
1-8 (c) A state agency's annual report must include:
1-9 (1) the name and job title of each bonded agency
1-10 employee, the amount of the bond, and the name of the surety company
1-11 that issued the bond;
1-12 (2) an analysis of space occupied by the agency,
1-13 including:
1-14 (A) the total amount of space rented by the
1-15 agency, expressed in square feet;
1-16 (B) the total amount of space occupied by the
1-17 agency in state-owned buildings, expressed in square feet;
1-18 (C) the name and address of each building in
1-19 which the agency occupies space and the amount of square feet in
1-20 each building devoted to each particular use;
1-21 (D) the cost per square foot of all rented space;
1-22 (E) the annual and monthly cost of all rented
1-23 space;
1-24 (F) the name of each lessor of space rented by the
2-1 agency;
2-2 (G) a description of the agency's progress toward
2-3 achieving the objective provided by Section 2165.104, if the agency
2-4 is subject to that section; and
2-5 (H) any other information helpful to describe the
2-6 agency's use of space;
2-7 (3) an itemization of all fees paid by the agency for
2-8 professional or consulting services provided under Subchapter A or
2-9 B, Chapter 2254, including the name of each person receiving those
2-10 fees and the reason for the provision of the services;
2-11 (4) an itemization of all fees paid by the agency for
2-12 legal services, other than legal services provided by an agency
2-13 employee or the attorney general, including the name of each person
2-14 receiving those fees and the reason for the provision of the
2-15 services;
2-16 (5) a copy of the form prepared by the agency under
2-17 Section 2205.041, relating to the agency's use and cost of
2-18 operating aircraft that are state-owned or under rental or
2-19 long-term lease;
2-20 (6) an itemization of any purchases made under Section
2-21 2155.067, including each product purchased, the amount of the
2-22 purchase, and the name of the vendor;
2-23 (7) for each fiscal year ending in an even-numbered
2-24 calendar year:
2-25 (A) a copy of the master file report verification
2-26 form certified by the General Land Office, if applicable to the
2-27 agency, to confirm that the agency is in compliance with Subchapter
3-1 E, Chapter 31, Natural Resources Code; or
3-2 (B) if the agency's inventory record is
3-3 inaccurate or incomplete, a statement that the agency will submit
3-4 the appropriate forms to the General Land Office not later than the
3-5 15th day after the date the agency submits its annual report;
3-6 ( a copy of the report prepared by the agency under
3-7 Section 2161.124, relating to the agency's use of historically
3-8 underutilized businesses;
3-9 (9) a report of each transfer of appropriated money
3-10 between appropriation items that shows the sum of all transfers
3-11 affecting each item;
3-12 (10) an itemization of each passenger vehicle the
3-13 agency purchased, including the make, model, purchase price,
3-14 assigned type of use, and fuel efficiency as expressed by the
3-15 manufacturer's fuel efficiency rating;
3-16 (11) a schedule, applicable to state agencies
3-17 determined by the Legislative Budget Board, detailing total
3-18 expenditures by or on behalf of the agency for:
3-19 (A) employee benefits, including social
3-20 security, health insurance, retirement contributions, benefit
3-21 replacement pay, and workers' and unemployment compensation
3-22 payments;
3-23 (B) bond debt service; and
3-24 (C) payments for general governmental services
3-25 as defined by the comptroller, including services of the
3-26 comptroller, the attorney general, the General Services
3-27 Commission, the Department of Information Resources, and the state
4-1 auditor;
4-2 (12) for an institution of higher education, the total
4-3 amount of lump-sum vacation and compensatory leave payments made to
4-4 employees who separated from state service during the fiscal year;
4-5 (13) the name and job title of each state officer or
4-6 employee authorized to use a state-owned or state-leased vehicle
4-7 and the reasons for the authorization, in accordance with Section
4-8 2113.013; [and]
4-9 (14) a report of expenditures made for each commodity
4-10 or service identified under Section 2155.448, including:
4-11 (A) the total amount spent on those commodities
4-12 and services;
4-13 (B) the total amount spent for commodities and
4-14 services purchased that accomplish the same purpose; and
4-15 (C) the total amount spent for all other
4-16 recycled, remanufactured, or environmentally sensitive commodities
4-17 or services, itemized by type of commodity or service; and
4-18 (15) a report of the cost of services and benefits
4-19 provided to unlawfully present immigrants, with the agency
4-20 determining the extent to which unlawfully present immigrants are
4-21 served by the agency by:
4-22 (A) asking each recipient of a service or benefit
4-23 whether the individual is an unlawfully present immigrant, unless
4-24 prohibited by other law;
4-25 (B) considering statements and other information
4-26 provided by the recipient of a service or benefit that identifies
4-27 the recipient as an unlawfully present immigrant, including place
5-1 of birth, registration with the Social Security Administration to
5-2 the extent that information may be lawfully obtained,
and work
5-3 history; or
5-4 (C) using a statistical method developed by the
5-5 agency if it is not practical for the agency to directly determine
5-6 whether each recipient of a service or benefit is an unlawfully
5-7 present immigrant.
5-8 (d) In this section:
5-9 (1) "Annual report" means the annual report required
5-10 by this section.
5-11 (2) "Appropriated money" means money appropriated by
5-12 the legislature under the General Appropriations Act or other law.
5-13 (3) "Appropriation item" includes an item listed in
5-14 the General Appropriations Act under an informational listing of
5-15 appropriated funds.
5-16 (4) "Unlawfully present immigrant" means an
5-17 individual who is not:
5-18 (A) a United States citizen;
5-19 (B) a legal permanent resident of the United
5-20 States; or
5-21 (C) a qualified alien or nonimmigrant under the
5-22 Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) who
5-23 is legally present in the United States.
5-24 (e) A state agency shall also submit the report required
5-25 under Subsection (c)(15) to the lieutenant governor, speaker of the
5-26 house of representatives, and members of the legislature.
5-27 SECTION 2. The changes in law made by this Act to Section
6-1 2101.0115, Government Code, apply only in relation to an
6-2 application for a service or benefit that is made on or after the
6-3 effective date of this Act.
6-4 SECTION 3. This Act takes effect September 1, 2007.

Hey TRant,

Can you post a list of these Bill numbers? I want to get Texans to start calling and asking the Legislature to pass these Bills.

Also, is there anything missing. We can add that to the list when we call. Maybe get an amenment on something.

Dixie

The list is as follows:

SB 151

SB 47

SB 150

HB 291

SB 116

HB 40

HB 28

HB 127

The number is next to the author's name on the above post. If you go to the Texas House website, you can search them by bill number or by searching "immigration" under the search engine.

English as the official language is one. I still think we need to do away with bilingual education.

Originally Posted by TyRANTosaur

The list is as follows:

SB 151

SB 47

SB 150

HB 291

SB 116

HB 40

HB 28

HB 127

The number is next to the author's name on the above post. If you go to the Texas House website, you can search them by bill number or by searching "immigration" under the search engine.

English as the official language is one. I still think we need to do away with bilingual education.

Amen to that! If any of us moved to Mexico and sent our children to school there, what do you think are the chances that they would be taught in English?

There was a story in the Saturday paper that Gov. Rick Perry says he will fight to keep tuition benefits in place for illegal aliens.

http://www.chron.com/disp/story.mpl/spe ... 65325.html

That's why I didn't vote for his sorry, back-sliding butt!!! Most people knew he'd flip-flop!

I didn't vote for him either. Speaking of "back-sliding", this same governor has hinted that he could run for re-election in 2010. I hope and pray he will not. In fact, I wish he'd resign his post to seek the presidency, which he wouldn't get, anyways. But, that would just be a dream.