Relating to the establishment of a temporary guest worker program in this state.

89(R) HB 2858 - House Committee Report version - Bill Text

89R2020 RDS-D

By: Lopez of Bexar, Darby

H.B. No. 2858

A BILL TO BE ENTITLED

AN ACT

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.