By: Morales of Maverick H.B. No. 5208       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of the Texas Commission on   Immigration and Migration and a migrant worker visa pilot project.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 3, Government Code, is amended   by adding Chapter 330 to read as follows:   CHAPTER 330. TEXAS COMMISSION ON IMMIGRATION AND MIGRATION   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 330.001.  SHORT TITLE. This chapter is known as the   Texas Commission on Immigration and Migration Act.          Sec. 330.002.  DEFINITIONS. In this chapter:                (1)  "Commission" means the Texas Commission on   Immigration and Migration.                (2)  "Pilot project" means the pilot project created   under Subchapter D.                (3)  "Pilot project memorandum of understanding" means   the memorandum of understanding described in Section 330.151.                (4)  "State agency" means a department, board,   commission, office, or other agency in the executive, legislative,   or judicial branch of state government. The term includes an   institution of higher education as defined by Section 61.003,   Education Code.                (5)  "United States nonimmigrant visa" means a visa   issued by the federal government as provided in 8 U.S.C. Sections   1101 and 1184.   SUBCHAPTER B. ESTABLISHMENT OF COMMISSION          Sec. 330.051.  ESTABLISHMENT AND COMPOSITION. The Texas   Commission on Immigration and Migration is an advisory commission   composed of 26 members as follows:                (1)  the lieutenant governor;                (2)  the speaker of the house of representatives;                (3)  a member of the minority party in the senate chosen   by the senators who are members of that party;                (4)  a member of the minority party in the house of   representatives chosen by the representatives who are members of   that party;                (5)  the governor or the governor's designee;                (6)  the attorney general or the attorney general's   designee;                (7)  the commissioner of agriculture or the   commissioner's designee;                (8)  the director of the Texas Economic Development and   Tourism Office or the director's designee;                (9)  the executive director of the Texas Workforce   Commission or the executive director's designee;                (10)  the comptroller or the comptroller's designee;                (11)  three members of the house of representatives   appointed by the speaker of the house of representatives, not more   than two of whom may be from the same political party;                (12)  three members of the public appointed by the   speaker of the house of representatives in accordance with Section   330.052;                (13)  three members of the senate appointed by the   lieutenant governor, not more than two of whom may be from the same   political party;                (14)  three members of the public appointed by the   lieutenant governor in accordance with Section 330.052; and                (15)  four members of the public appointed by the   governor in accordance with Section 330.052.          Sec. 330.052.  ELIGIBILITY OF PUBLIC MEMBERS; TERMS. (a)   Public members of the commission appointed under Section 330.051   must:                (1)  be residents of this state; and                (2)  be appointed with due regard for:                      (A)  geographic representation;                      (B)  diversity;                      (C)  education, including academic   postgraduate-level degrees related to the immigrant community in   this state; and                      (D)  knowledge and experience.          (b)  An appointment by the lieutenant governor, the speaker   of the house of representatives, or the governor may include a   representative from:                (1)  an immigrant or immigrant-serving community-based   organization;                (2)  a philanthropic organization;                (3)  an advocacy group;                (4)  a business, including an immigrant entrepreneur;                (5)  a union;                (6)  academia; or                (7)  a faith-based organization.          (c)  Public members of the commission serve three-year   terms.          (d)  A public member shall serve until a successor is   appointed and qualified.          Sec. 330.053.  VACANCY. A vacancy in the membership of the   commission shall be filled for the unexpired term in the manner   provided for the original appointment.          Sec. 330.054.  PRESIDING OFFICER. The governor or, at the   discretion of the governor, the lieutenant governor shall serve as   presiding officer of the commission.          Sec. 330.055.  VOTE. A vote of the majority of the   commission members present when a quorum is present is an action of   the commission.          Sec. 330.056.  MEETINGS. The commission shall meet at least   quarterly and at other times at the call of the presiding officer.          Sec. 330.057.  COMPENSATION; REIMBURSEMENT. A member of the   commission is not entitled to compensation for the member's service   but may receive per diem and travel expenses in accordance with the   General Appropriations Act.          Sec. 330.058.  STAFF. The office of the attorney general   shall staff the commission.   SUBCHAPTER C. COMMISSION POWERS AND DUTIES          Sec. 330.101.  GENERAL POWERS AND DUTIES. The commission   shall:                (1)  conduct a thorough review of the economic, legal,   cultural, and educational impact of illegal immigration on this   state and its political subdivisions;                (2)  conduct a thorough examination of state and   federal laws relating to immigration, migration, and guest worker   programs;                (3)  develop a comprehensive, coordinated, and   sustainable state plan to address:                      (A)  immigration and the use of migrant workers in   the state; and                      (B)  integration of immigrants;                (4)  make legislative recommendations to the governor   and the legislature to implement the state plan described in   Subdivision (3):                      (A)  consistent with the respective   constitutional powers, rights, and responsibilities of the United   States and of this state; and                      (B)  to protect the health, safety, and welfare of   the residents of this state;                (5)  advise the governor and the legislature on   proposed legislation related to immigration:                      (A)  to encourage a comprehensive, coordinated,   and sustainable state response to issues related to immigration;   and                      (B)  on request of:                            (i)  the governor;                            (ii)  the lieutenant governor;                            (iii)  the speaker of the house of   representatives;                            (iv)  a member of the minority party in the   senate chosen by the senators who are members of that party; or                            (v)  a member of the minority party in the   house of representatives chosen by the representatives who are   members of that party; and                (6)  comply with the Migrant Worker Visa Pilot Project   under Subchapter D.          Sec. 330.102.  STATE AGENCY INFORMATION. (a) The   commission may request a state agency to provide the commission   with information available to the state agency that the commission   considers necessary to discharge the commission's duties under this   chapter.          (b)  A state agency shall cooperate with the commission to   furnish the commission with the information requested under   Subsection (a):                (1)  to the extent not inconsistent with law;                (2)  within the limits of the state agency's statutory   authority; and                (3)  on as timely a basis as is necessary to accomplish   the purposes of this chapter.          Sec. 330.103.  TESTIMONY; EXPERT CONSULTANTS. (a) In   performing its powers and duties, the commission may invite   testimony from the governor, legislators, state agencies, and   members of the public.          (b)  The commission may consult with experts or other   knowledgeable individuals in the public or private sector on any   matter related to the commission's powers and duties under this   chapter.          Sec. 330.104.  PUBLIC HEARING. The commission may hold one   or more public hearings that it considers advisable and in   locations in this state that it chooses to afford interested   persons an opportunity to appear and present views on any subject   relating to the commission's powers and duties under this chapter.          Sec. 330.105.  REPORT. (a) The commission annually shall   report to the legislature and governor on its activities and   recommendations.          (a-1)  The commission shall submit an initial report to the   legislature and governor not later than six months after the date of   the first meeting of the commission. The commission shall submit   its first annual report to the legislature and governor not later   than six months after the date the initial report is submitted, or   as soon as practicable after that date. This subsection expires   January 1, 2026.          (b)  The commission shall provide any report submitted under   this section to the public on request.          Sec. 330.106.  COLLABORATION ON INTEGRATION OF IMMIGRANTS;   EVALUATION OF STATE GOVERNMENT. (a) Consistent with the state plan   described in Section 330.101(3), the commission shall:                (1)  work collaboratively with federal, state, and   local governments to facilitate integration of immigrants in this   state; and                (2)  work collaboratively with businesses and   community organizations to ensure that public input into the   process is consistently maintained with regard to integration of   immigrants.          (b)  The commission shall evaluate the structure and   organization of government in this state, including state agencies,   independent entities, political subdivisions, and school   districts, and advise the legislature and governor regarding the   best way to achieve immigrant integration in the delivery of   services and programs in a cost-neutral manner.          (c)  In its examination of immigrant integration in this   state, the commission shall identify any measures that will bring   enhanced lawfulness, economy, efficiency, and accountability to   government operations.   SUBCHAPTER D. MIGRANT WORKER VISA PILOT PROJECT          Sec. 330.151.  PILOT PROJECT MEMORANDUM OF UNDERSTANDING.   (a) With the assistance of the attorney general, the governor may   negotiate and enter into a memorandum of understanding with the   government of a state in Mexico to create the Migrant Worker Visa   Pilot Project, under which businesses in this state may obtain   legal foreign migrant workers through use of United States   nonimmigrant visas.          (b)  The commission shall recommend to the legislature and   the governor policies and programs that will educate, encourage,   support, and facilitate businesses in this state in need of   temporary workers to participate in the pilot project.          Sec. 330.152.  REQUIREMENTS FOR PILOT PROJECT AND PILOT   PROJECT MEMORANDUM OF UNDERSTANDING. (a) Under the pilot project   memorandum of understanding, the governor may commit this state,   including the commission, to work directly with officials of the   government of the Mexican state selected for the pilot project to   encourage, facilitate, and support the migration of legal Mexican   migrant workers from the Mexican state to this state through   expanded land ports of entry for the purpose of:                (1)  filling jobs with businesses in this state most in   need of skilled and unskilled migrant labor; and                (2)  improving:                      (A)  safety for both migrant workers and law   enforcement; and                      (B)  efficiency in the processing of   asylum-seeking migrant workers.          (b)  The pilot project and the pilot project 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   pilot project, with particular attention to the following:                      (A)  a business in this state hiring a migrant   worker through the pilot project shall be assessed a migrant state   employment tax that shall be placed into the general revenue fund;   and                      (B)  the employment of the migrant worker will not   adversely affect the wages and working conditions of workers in   this state who are similarly employed;                      (C)  a migrant worker must prove that the migrant   worker will be gainfully employed by submitting a letter of   sponsorship from the employer. The migrant worker must remain   gainfully employed during the migrant worker's residency in this   state.                      (D)  a migrant worker may not seek nor be eligible   for federal or state benefits if approved under the pilot project.                (2)  require that the Mexican state provide to   businesses in this state Mexican migrant workers who meet certain   requirements, including that each migrant 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 migrant worker possesses the requisite   level of education or skill required for the job to be filled;                      (D)  is issued a tamper-proof purple   identification card that includes personal information, a photo, a   fingerprint, a visa number, and an expiration date; and                      (E)  a migrant worker shall pay to the commission   an initial migrant processing fee of $2,000 which shall be for a 3   year period. After the completion of the 3 year period an annual   renewal fee of $250 shall be paid by the migrant; and                      (F)  will be notified by the Mexican state before   the expiration date of the United States nonimmigrant visa of the   date the migrant worker is required to return to Mexico; and                (3)  if a migrant worker fails to return to Mexico   before expiration of the migrant worker's United States   nonimmigrant visa, require the Mexican state to notify:                      (A)  the business that hires the migrant worker;                      (B)  the advisory committee created under   Subchapter E; and                      (C)  United States Immigration and Customs   Enforcement.                (4)  a migrant worker shall not be eligible to remain in   the state if convicted of a Class C Misdemeanor or higher. Upon   conviction a migrant worker shall face immediate deportation from   the state without the possibility of legal reentry.                (5)  If a migrant worker entered the state by illegal   crossing of the Rio Grande River that migrant worker will be subject   to immediate deportation and not eligible for reentry into the   state for 5 years.                (6)  a migrant worker that fails to maintain good   standing within the pilot project or does not remit payment of the   initial fee or renewal fee may be subject to immediate deportation                (7)  25% of revenue generated under Subchapter D shall   be allocated for the purpose of combating fentanyl and other   illicit drugs; 25% shall be allocated for the purpose of   infrastructure improvements and support of local law enforcement   personnel in counties adjacent to the border; and                (8)  The remaining 50% of revenue generated under   Subchapter D shall be allocated to the general revenue fund.          Sec. 330.153.  EXPANSION TO SIMILAR PILOT PROJECTS. (a)   After the first anniversary of the date the pilot project   memorandum of understanding is executed under Section 330.152, if   the governor determines, after consultation with the commission,   that the pilot project is successful, the governor may enter into   one or more additional memoranda of understanding to create similar   pilot projects, except that the governor may not enter into a   similar pilot project memorandum of understanding with a country:                (1)  designated by the United States Department of   State as a state sponsor of terrorism;                (2)  against which the United States has declared war;   or                (3)  against which the United States has imposed   sanctions as listed under a sanctions program of the Office of   Foreign Assets Control within the United States Department of the   Treasury.          (b)  After the governor has entered into one or more   additional memoranda of understanding under Subsection (a), the   governor, in consultation with the commission, may periodically   evaluate whether to enter into additional pilot projects subject to   the limitations of Subsections (a)(1) through (3).          (c)  A memorandum of understanding creating a similar pilot   project shall comply with the requirements of Section 330.152.          (d)  A similar pilot project created under this section shall   operate in a manner substantially similar to the pilot project   implemented under Section 330.151.   SUBCHAPTER E. ADVISORY COMMITTEE          Sec. 330.201.  CREATION OF ADVISORY COMMITTEE. (a) The   commission shall create an advisory committee to perform the   studies required by this subchapter.          (b)  The commission shall appoint at least one member of the   commission to the advisory committee.          (c)  The advisory committee may work jointly with a similar   committee of a Mexican state.          Sec. 330.202.  REIMBURSEMENT. A member of the advisory   committee may not receive a per diem or travel expenses.          Sec. 330.203.  ADVISORY COMMITTEE DUTIES. The advisory   committee shall:                (1)  study the process and results of the pilot   project;                (2)  study the impact of existing federal law on the   ability to meet the needs of businesses in this state and Mexican   migrant workers;                (3)  study the current United States nonimmigrant visa   application process from both the employer and employee perspective   to understand:                      (A)  the strengths and weaknesses of the existing   law; and                      (B)  the United States nonimmigrant visa process   and the implications to regional employment and security;                (4)  document the state and regional economic impact   and security implications of existing law and processes;                (5)  educate the populations of this state and a   Mexican state on issues to create alignment around a shared vision;   and                (6)  present the committee's findings annually to the   commission in a detailed report that includes recommendations to   the commission on methods to best address the challenges of   immigration, employment, and security.          Sec. 330.204.  COMMISSION RECOMMENDATIONS. (a) The   commission shall use the information generated by the advisory   committee under the pilot project to make recommendations to the   governor not later than the first anniversary after the date the   pilot project memorandum of understanding is executed.          (b)  The commission shall consider including in the   recommendations:                (1)  observations and market recommendations;                (2)  one or more proposals to amend existing law as   necessary to accomplish the recommendations made by the commission   and to meet the realities of current economic necessities;                (3)  a recommendation as to whether, and if so, to what   extent, the current caps on the H-2B United States nonimmigrant   visas should be raised; and                (4)  a recommendation as to whether the wait time   between receiving H-2B United States nonimmigrant visas should be   shortened.          (c)  The governor may report the recommendations of the   commission to the president of the United States, Congress, and the   United States attorney general.          SECTION 2.  Not later than November 1, 2023, the governor,   lieutenant governor, and speaker of the house of representatives   shall appoint the initial public members to the Texas Commission on   Immigration and Migration as follows:                (1)  the following are appointed to a three-year term:                      (A)  one member appointed by the lieutenant   governor;                      (B)  one member appointed by the speaker of the   house of representatives; and                      (C)  one member appointed by the governor;                (2)  the following are appointed to a two-year term:                      (A)  one member appointed by the lieutenant   governor;                      (B)  one member appointed by the speaker of the   house of representatives; and                      (C)  one member appointed by the governor; and                (3)  the following are appointed to a one-year term:                      (A)  one member appointed by the lieutenant   governor;                      (B)  one member appointed by the speaker of the   house of representatives; and                      (C)  two members appointed by the governor.          SECTION 3.  This Act takes effect September 1, 2023.