Bill Text: TX HB2858 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the establishment of a temporary guest worker program in this state.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-14 - Filed [HB2858 Detail]
Download: Texas-2025-HB2858-Introduced.html
| 89R2020 RDS-D | ||
| By: Lopez of Bexar | H.B. No. 2858 | |
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| relating to the establishment of a temporary guest worker program | ||
| in this state. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 752, Government Code, is amended by | ||
| adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. TEMPORARY GUEST WORKER PROGRAM | ||
| Sec. 752.101. DEFINITION. In this subchapter: | ||
| (1) "Program" means the temporary guest worker program | ||
| established under this subchapter. | ||
| (2) "United States nonimmigrant visa" means a visa | ||
| issued by the federal government as provided in 8 U.S.C. Sections | ||
| 1101 and 1184. | ||
| Sec. 752.102. FEDERAL AUTHORIZATION; MEMORANDUM OF | ||
| UNDERSTANDING. (a) The governor shall seek from the appropriate | ||
| federal agency a waiver or other authorization necessary to | ||
| establish and implement a temporary guest worker program in this | ||
| state under this subchapter. | ||
| (b) On receipt of federal authorization under Subsection | ||
| (a) and subject to that authorization and Section 752.103, the | ||
| governor may negotiate and enter into a memorandum of understanding | ||
| with the government of a state in Mexico to create a temporary guest | ||
| worker program under which businesses in this state may obtain | ||
| legal foreign temporary guest workers through use of United States | ||
| nonimmigrant visas. | ||
| Sec. 752.103. REQUIREMENTS FOR PROGRAM AND MEMORANDUM OF | ||
| UNDERSTANDING. (a) Under a memorandum of understanding entered | ||
| into under Section 752.102, the governor may commit this state to | ||
| work directly with officials of the government of the Mexican state | ||
| selected for the program to encourage, facilitate, and support the | ||
| migration of legal Mexican temporary guest workers from the Mexican | ||
| state to this state for the purpose of filling jobs with businesses | ||
| in this state identified by the Texas Workforce Commission as being | ||
| most in need of skilled and unskilled migrant labor. | ||
| (b) The program and memorandum of understanding must: | ||
| (1) be compatible with the Immigration and Nationality | ||
| Act, 8 U.S.C. Section 1101 et seq., and federal policies, | ||
| procedures, and requirements for issuing United States | ||
| nonimmigrant visas to Mexicans qualified to participate in the | ||
| program, with particular attention to the following: | ||
| (A) a business in this state hiring a temporary | ||
| guest worker through the program shall demonstrate and certify that | ||
| there are not sufficient workers where that labor is to be performed | ||
| who are able, willing, qualified, and available at the time of | ||
| application for a United States nonimmigrant visa; and | ||
| (B) the employment of the temporary guest worker | ||
| will not adversely affect the wages and working conditions of | ||
| workers in this state who are similarly employed; | ||
| (2) require that the Mexican state provide to | ||
| businesses in this state Mexican temporary guest workers who meet | ||
| certain requirements, including that each temporary guest worker: | ||
| (A) meets the legal requirements of federal law | ||
| with regard to eligibility for a United States nonimmigrant visa; | ||
| (B) passes a criminal background check; | ||
| (C) undergoes standardized testing to satisfy | ||
| the hiring business that the temporary guest worker possesses the | ||
| requisite level of education or skill required for the job to be | ||
| filled; | ||
| (D) is issued a tamper-proof identification that | ||
| includes personal information, a photo, a fingerprint, a visa | ||
| number, and an expiration date; and | ||
| (E) will be notified by the Mexican state before | ||
| the expiration date of the United States nonimmigrant visa of the | ||
| date the temporary guest worker is required to return to Mexico; and | ||
| (3) if a temporary guest worker fails to return to | ||
| Mexico before expiration of the temporary guest worker's United | ||
| States nonimmigrant visa, require the Mexican state to notify: | ||
| (A) the business that hires the temporary guest | ||
| worker; | ||
| (B) the governor; and | ||
| (C) United States Immigration and Customs | ||
| Enforcement. | ||
| SECTION 2. As soon as practicable after the effective date | ||
| of this Act, the governor shall seek from the appropriate federal | ||
| agency a waiver or other authorization necessary to establish a | ||
| temporary guest worker program in this state, as required by | ||
| Section 752.102, Government Code, as added by this Act. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
