Bill Text: TX SB40 | 2011 | 82nd Legislature 1st Special | Introduced
Bill Title: Relating to the establishment and administration of the Texas Essential Workers Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-06-08 - Filed [SB40 Detail]
Download: Texas-2011-SB40-Introduced.html
| 82S10418 KSD-D | ||
| By: Watson | S.B. No. 40 | |
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| relating to the establishment and administration of the Texas | ||
| Essential Workers Program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 4, Labor Code, is amended by | ||
| adding Chapter 314 to read as follows: | ||
| CHAPTER 314. TEXAS ESSENTIAL WORKERS PROGRAM | ||
| Sec. 314.001. PURPOSE. The purpose of this chapter is to | ||
| develop and establish, in collaboration with the federal | ||
| government, a Texas Essential Workers Program to provide an | ||
| adequate, legal, and stable workforce for employers in this state | ||
| who are experiencing a critical shortage in the availability of | ||
| qualified workers, particularly in the industries of ranching, | ||
| farming, dairy, food manufacturing, construction, landscaping, and | ||
| restaurant and hotel services. The enactment of this chapter | ||
| represents an effort to: | ||
| (1) recognize the need for additional workers in | ||
| workforce shortage industries in this state; | ||
| (2) eliminate the exploitation of undocumented | ||
| workers in this state; | ||
| (3) ensure the payment of taxes by all employers and | ||
| employees in this state; | ||
| (4) increase national security in and the fiscal | ||
| resources of this state; and | ||
| (5) improve the overall economy of this state. | ||
| Sec. 314.002. DEFINITIONS. In this chapter: | ||
| (1) "Department" means the Department of Public Safety | ||
| of the State of Texas. | ||
| (2) "Eligible employer" means a person who: | ||
| (A) employs one or more employees in a workforce | ||
| shortage industry in this state; and | ||
| (B) for a period of at least 30 days has been | ||
| unable to find a sufficient number of qualified workers who are | ||
| authorized to be employed in the United States to meet the | ||
| employer's workforce needs. | ||
| (3) "Foreign worker" means a person who is approved by | ||
| the commission as eligible to provide labor to a participating | ||
| eligible employer under the program. | ||
| (4) "Program" means the Texas Essential Workers | ||
| Program established under this chapter. | ||
| (5) "Workforce shortage industry" means the | ||
| agriculture and dairy industries and other industries in this state | ||
| designated by the commission under this chapter as experiencing a | ||
| critical shortage in the availability of workers. | ||
| Sec. 314.003. RULES. The commission shall adopt rules | ||
| necessary to administer this chapter. | ||
| Sec. 314.004. PROGRAM ESTABLISHMENT AND ADMINISTRATION. | ||
| (a) The commission shall establish and administer the Texas | ||
| Essential Workers Program to enable participating eligible | ||
| employers to employ qualified foreign workers. In establishing the | ||
| program, the commission shall conduct outreach to and solicit | ||
| information from employers in this state to determine: | ||
| (1) which industries should be designated as workforce | ||
| shortage industries under this chapter; and | ||
| (2) the number of foreign workers that would be | ||
| sufficient to meet the workforce needs of employers in those | ||
| industries. | ||
| (b) Based on the commission's findings under Subsection | ||
| (a), the commission shall petition the federal government for the | ||
| temporary admission into this country under H2-A and H2-B visas of a | ||
| sufficient number of foreign workers to meet the workforce needs of | ||
| eligible employers in this state. | ||
| (c) As a part of the program, the commission shall: | ||
| (1) establish a system for the recruitment and | ||
| referral of local workers for available workforce shortage industry | ||
| jobs in this state; and | ||
| (2) require participating eligible employers to | ||
| attempt to hire employees using that system before hiring foreign | ||
| workers. | ||
| (d) To the extent permitted by federal law, the commission, | ||
| the governor, and the secretary of state may jointly enter into | ||
| agreements between this state and foreign countries to facilitate | ||
| the recruitment and selection of eligible foreign workers for | ||
| participation in the program and the approval for participation in | ||
| the program of the workers by participating eligible employers. | ||
| The commission shall: | ||
| (1) prescribe eligibility criteria for any person | ||
| recruiting foreign workers under the program; and | ||
| (2) maintain a list of recruiters approved by the | ||
| commission as satisfying that criteria. | ||
| Sec. 314.005. REQUIREMENTS FOR PARTICIPATING ELIGIBLE | ||
| EMPLOYERS. (a) To participate in the program, an eligible employer | ||
| must: | ||
| (1) submit to the commission: | ||
| (A) an application, in the form and manner | ||
| prescribed by the commission; and | ||
| (B) a signed, sworn affidavit attesting that | ||
| during the 30-day period immediately preceding the date of the | ||
| employer's application, the employer was unable to find a | ||
| sufficient number of qualified workers authorized to work in the | ||
| United States to meet the employer's workforce needs; and | ||
| (2) pay a fee in the amount prescribed by the | ||
| commission. | ||
| (b) The application prescribed by the commission under | ||
| Subsection (a) must require the employer to provide: | ||
| (1) the employer's name, address, federal income tax | ||
| identification number, and industry; | ||
| (2) a detailed description of: | ||
| (A) the workforce shortage the employer is | ||
| experiencing; and | ||
| (B) the measures the employer has taken to | ||
| identify and recruit local workers equipped with the skills | ||
| necessary to meet the employer's workforce needs; and | ||
| (3) any other information the commission considers | ||
| appropriate. | ||
| (c) The commission shall review an employer's application | ||
| and, not later than the 30th day after the date the commission | ||
| receives the application, notify the employer regarding whether the | ||
| commission has approved the employer's application for | ||
| participation in the program. | ||
| (d) On receipt of notice from the commission that the | ||
| commission has approved the employer's application, a | ||
| participating eligible employer, subject to any limitations or | ||
| requirements prescribed by this chapter or rules adopted under this | ||
| chapter, may: | ||
| (1) recruit foreign workers at any United States | ||
| consulate; and | ||
| (2) enter into employment contracts for the temporary | ||
| employment of foreign workers. | ||
| (e) An employment contract between a participating eligible | ||
| employer and a foreign worker must provide that the worker will be | ||
| employed for at least three-fourths of each work day during the | ||
| contract period. | ||
| (f) Each participating employer who employs a foreign | ||
| worker under the program shall: | ||
| (1) provide the worker a copy of the employment | ||
| contract between the employer and the worker in the worker's native | ||
| language; | ||
| (2) pay the worker at least twice each month; | ||
| (3) pay wages to the worker that are in compliance with | ||
| the federal Immigration Reform and Control Act of 1986 (8 U.S.C. | ||
| Section 1101 et seq.); | ||
| (4) provide to the worker, without charge: | ||
| (A) housing that meets safety and health | ||
| standards established by federal law; | ||
| (B) transportation between the worker's local | ||
| housing and the worksite; | ||
| (C) workers' compensation coverage; and | ||
| (D) all tools, supplies, and equipment required | ||
| to perform the worker's assigned duties; | ||
| (5) provide to the worker: | ||
| (A) three low-cost meals each day, the cost of | ||
| which must be disclosed in the worker's employment contract; or | ||
| (B) free cooking and kitchen facilities; | ||
| (6) make available to the worker English as a second | ||
| language classes; | ||
| (7) after the expiration of half of the worker's | ||
| employment contract period, promptly reimburse the worker for any | ||
| costs incurred by the worker for transportation and subsistence | ||
| from the site of recruitment to the employer's place of employment; | ||
| (8) after the expiration of the worker's employment | ||
| contract, promptly pay for the costs of return transportation and | ||
| subsistence to the site of the worker's recruitment; and | ||
| (9) provide any other employees of the employer who | ||
| perform the same job as the foreign worker with the same benefits, | ||
| wages, and working conditions as the employer provides the foreign | ||
| worker. | ||
| (g) The commission may inspect housing described by | ||
| Subsection (f)(4)(A). | ||
| Sec. 314.006. FOREIGN WORKER APPLICATION. The commission | ||
| shall prescribe the form and content of an application to be used by | ||
| any person seeking to participate in the program as a foreign | ||
| worker. The application must require the applicant to provide the | ||
| applicant's name, photograph, fingerprints, and any other | ||
| information the commission considers appropriate. | ||
| Sec. 314.007. PARTICIPATION REQUIREMENTS FOR FOREIGN | ||
| WORKER. (a) To be eligible to participate in the program as a | ||
| foreign worker, a person must: | ||
| (1) complete a foreign worker application at the | ||
| United States consulate in the person's country of origin; | ||
| (2) be approved by the commission after passing: | ||
| (A) a criminal history record information check | ||
| conducted by the appropriate authorities in the person's country of | ||
| origin; and | ||
| (B) a federal and state criminal history record | ||
| information check conducted by the department under Section | ||
| 314.009; and | ||
| (3) have been issued a current H2-A or H2-B visa. | ||
| (b) For purposes of Subsection (a)(2)(A), the employer | ||
| seeking to hire the person must obtain a copy of the results of the | ||
| criminal history record information check conducted by the | ||
| appropriate authorities in the person's country of origin and | ||
| submit the results to the commission. The employer shall pay any | ||
| fee charged for obtaining that information. | ||
| (c) A person may not participate in the program as a foreign | ||
| worker if the person has been convicted of: | ||
| (1) any crime in the United States; or | ||
| (2) a crime in the foreign worker's country of origin | ||
| that would have been classified as a Class A misdemeanor or a felony | ||
| in this state. | ||
| (d) A participating foreign worker may not file for or | ||
| receive unemployment insurance benefits. | ||
| Sec. 314.008. FOREIGN WORKER FAMILY MEMBERS. (a) A family | ||
| member of a foreign worker may participate in the program only if | ||
| the family member meets the requirements of Section 314.007. | ||
| (b) A foreign worker may not transport a family member into | ||
| this state unless the family member has proper federal | ||
| authorization. | ||
| Sec. 314.009. CRIMINAL HISTORY RECORD INFORMATION CHECK. | ||
| The department shall conduct a state and federal criminal history | ||
| record information check to determine the eligibility of each | ||
| person who applies to participate in the program as a foreign | ||
| worker. The employer seeking to employ the person shall be charged | ||
| a fee for the criminal history record information check. | ||
| Sec. 314.010. ISSUANCE OF TEMPORARY WORKER LEGAL | ||
| IDENTIFICATION CARDS TO FOREIGN WORKERS BY DEPARTMENT. (a) The | ||
| department shall issue to each foreign worker a temporary worker | ||
| legal identification card under this section. The identification | ||
| card must: | ||
| (1) be non-forgeable; | ||
| (2) indicate the date on which the foreign worker's | ||
| authorized presence in this state expires; and | ||
| (3) meet any other requirements prescribed by federal | ||
| law. | ||
| (b) The department shall prescribe the fee for the issuance | ||
| of an identification card under this section. The fee shall be paid | ||
| by the participating eligible employer who employs the foreign | ||
| worker. | ||
| (c) The identification card shall be issued to the | ||
| participating eligible employer employing the foreign worker who | ||
| shall then provide the card to the foreign worker. A | ||
| participating employer shall return the identification card to the | ||
| department as soon as practicable after: | ||
| (1) the date the foreign worker's approved presence in | ||
| this state expires; or | ||
| (2) the date the employer revokes the identification | ||
| card from the worker under Subsection (d). | ||
| (d) A participating eligible employer shall revoke the | ||
| identification card of a foreign worker employed by the employer | ||
| if: | ||
| (1) the foreign worker is absent from work without | ||
| approval for more than 13 consecutive days; | ||
| (2) the employer is unable to locate the foreign | ||
| worker for more than six days; | ||
| (3) the employer determines that the foreign worker | ||
| has traveled outside of this state; | ||
| (4) the foreign worker is convicted of a crime in this | ||
| state; | ||
| (5) the foreign worker is no longer employed by the | ||
| employer; or | ||
| (6) the foreign worker gives, sells, or lends the | ||
| worker's identification card to another person for the purpose of | ||
| obtaining employment. | ||
| (e) A participating eligible employer who fails to return an | ||
| identification card to the department as required by Subsection (c) | ||
| is ineligible to participate in the program. | ||
| (f) The department shall maintain a database of foreign | ||
| workers to whom the department has issued an identification card | ||
| under this section. | ||
| (g) Any essential documents provided to a foreign worker by | ||
| the department must be provided in the foreign worker's native | ||
| language. | ||
| (h) An identification card issued under this section is | ||
| valid for two years. The department shall adopt a procedure for the | ||
| renewal of an identification card issued under this section. | ||
| (i) The department, in consultation with the commission, | ||
| shall adopt rules for the administration of this section. | ||
| SECTION 2. Section 411.104, Government Code, is amended by | ||
| adding Subsection (b-1) and amending Subsections (c) and (e) to | ||
| read as follows: | ||
| (b-1) The Texas Workforce Commission is entitled to obtain | ||
| from the department criminal history record information maintained | ||
| by the department that relates to a person who is: | ||
| (1) an applicant seeking to participate as a foreign | ||
| worker in the Texas Essential Workers Program under Chapter 314, | ||
| Labor Code; or | ||
| (2) a foreign worker participating in that program. | ||
| (c) Criminal history record information obtained by the | ||
| commission under Subsection (b) or (b-1) may not be released or | ||
| disclosed to any person except on court order or with the written | ||
| consent of the person who is the subject of the criminal history | ||
| record information. | ||
| (e) The commission shall destroy the criminal history | ||
| record information of: | ||
| (1) an applicant for a security sensitive position who | ||
| is not hired; or | ||
| (2) a person described by Subsection (b-1), after the | ||
| commission has determined the person's initial or continued | ||
| eligibility to participate in the program described by that | ||
| subsection. | ||
| SECTION 3. (a) The Texas Workforce Commission and | ||
| Department of Public Safety of the State of Texas may implement | ||
| Chapter 314, Labor Code, as added by this Act, only if the federal | ||
| government authorizes this state to implement an essential workers | ||
| program or similar program. | ||
| (b) If the federal government authorizes this state to | ||
| implement an essential workers program or similar program, the | ||
| Texas Workforce Commission and Department of Public Safety of the | ||
| State of Texas, as soon as practicable after the date the program is | ||
| authorized, shall adopt rules for the administration of Chapter | ||
| 314, Labor Code, as added by this Act. | ||
| (c) The attorney general shall monitor federal legislation | ||
| for the purposes of this section. | ||
| SECTION 4. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
