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.
------------------------------
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.