HB2858 - Relating to the establishment of a temporary guest worker program in this state.

  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.