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  82R2863 EES-D
 
  By: Zedler H.B. No. 2260
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to verifying the eligibility of applicants for federal,
  state, and local public benefits; providing a criminal penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 10, Government Code, is amended by adding
  Subtitle H to read as follows:
  SUBTITLE H. PROVISION OF PUBLIC BENEFITS BY STATE AND LOCAL
  GOVERNMENTS
  CHAPTER 2351. VERIFICATION OF ELIGIBILITY FOR PUBLIC BENEFITS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 2351.001.  DEFINITIONS. In this chapter:
               (1)  "Federal public benefit" has the meaning assigned
  by 8 U.S.C. Section 1611.
               (2)  "Governmental entity" means an agency of this
  state or of a political subdivision of this state.
               (3)  "Public benefit" means a federal, state, or local
  public benefit.
               (4)  "State or local public benefit" has the meaning
  assigned by 8 U.S.C. Section 1621.
         Sec. 2351.002.  CONFLICTS WITH OTHER LAW.  To the extent of a
  conflict between this chapter and federal law, including the
  federal Deficit Reduction Act of 2005 (Pub. L. No. 109-171), the
  federal law prevails.
  [Sections 2351.003-2351.050 reserved for expansion]
  SUBCHAPTER B. VERIFICATION OF APPLICANTS' LEGAL PRESENCE AND
  ELIGIBILITY FOR PUBLIC BENEFITS
         Sec. 2351.051.  COMPLIANCE WITH SUBCHAPTER REQUIRED BEFORE
  PROVIDING PUBLIC BENEFITS. A governmental entity may not provide a
  public benefit to an individual until the governmental entity
  complies with this subchapter.
         Sec. 2351.052.  VERIFICATION OF LAWFUL PRESENCE OF APPLICANT
  FOR PUBLIC BENEFITS REQUIRED. (a) Except as provided by Section
  2351.053 or federal law, a governmental entity that administers a
  public benefit shall verify that an applicant for the public
  benefit who is 14 years of age or older is lawfully present in the
  United States.
         (b)  The governmental entity shall implement Subsection (a)
  without regard to the applicant's race, religion, gender,
  ethnicity, or national origin.
         (c)  As verification of the applicant's lawful presence in
  the United States, the applicant shall execute an affidavit before
  a notary swearing that the applicant is:
               (1)  a United States citizen or other United States
  national; or
               (2)  a qualified alien, as defined by 8 U.S.C. Section
  1641, and is lawfully present in the United States.
         (d)  The governmental entity shall provide free notary
  public services to an applicant for a public benefit for purposes of
  this section.
         Sec. 2351.053.  EXEMPTION FROM REQUIREMENT TO VERIFY LAWFUL
  PRESENCE OF CERTAIN APPLICANTS. A governmental entity is not
  required under Section 2351.052 to verify the lawful presence in
  the United States of an applicant if the applicant is applying for
  any of the following public benefits:
               (1)  a health care item or service that:
                     (A)  is necessary to treat an emergency medical
  condition, as defined by 42 U.S.C. Section 1396b(v)(3), of the
  applicant; and
                     (B)  is not related to an organ transplant
  procedure;
               (2)  short-term, noncash, in-kind emergency disaster
  relief;
               (3)  public health assistance for immunizations or for
  testing and treatment of a symptom of a communicable disease,
  regardless of whether the symptom is caused by a communicable
  disease;
               (4)  a program, service, or other assistance, including
  crisis counseling and intervention, short-term shelter, and
  assistance provided through a soup kitchen, that:
                     (A)  is specified by the United States attorney
  general in the attorney general's sole and unreviewable discretion
  after consultation with appropriate federal agencies;
                     (B)  delivers in-kind assistance at the community
  level, including through a public or private nonprofit agency;
                     (C)  does not condition the provision of
  assistance, the amount of assistance provided, or the cost of the
  assistance provided on the recipient's income or resources; and
                     (D)  is necessary for the protection of life or
  safety; or
               (5)  any other public benefit for which lawful presence
  in the United States is not required by:
                     (A)  a federal or state law or regulation; or
                     (B)  a local order or ordinance.
         Sec. 2351.054.  VERIFICATION OF ELIGIBILITY OF CERTAIN
  APPLICANTS FOR PUBLIC BENEFITS REQUIRED. (a)  A governmental
  entity shall verify the eligibility of an applicant for a public
  benefit who executes an affidavit under Section 2351.052 for that
  public benefit using:
               (1)  the Systematic Alien Verification for
  Entitlements (SAVE) program operated by the United States
  Department of Homeland Security; or
               (2)  an equivalent program designated by that
  department.
         (b)  A governmental entity shall presume that an applicant
  for a public benefit who executes an affidavit under Section
  2351.052 is lawfully present in the United States for purposes of
  this subchapter until the governmental entity verifies the
  applicant's eligibility in the manner required by Subsection (a).
         Sec. 2351.055.  ALTERNATE PROCEDURES FOR EFFICIENCY OR TO
  REDUCE HARDSHIP AUTHORIZED. A governmental entity may adopt rules
  that provide procedures that vary from the requirements of this
  subchapter if the governmental entity's procedures:
               (1)  demonstrably improve efficiency or reduce delay in
  verifying that an applicant is eligible for a public benefit, as
  compared to the requirements of this subchapter; or
               (2)  apply only for an applicant who is a legal resident
  of this state and with respect to whom the governmental entity
  determines that the requirements of this subchapter would impose an
  unusual hardship because of the applicant's circumstances.
  [Sections 2351.056-2351.100 reserved for expansion]
  SUBCHAPTER C. REPORTING REQUIREMENTS
         Sec. 2351.101.  REPORTING OF ERRORS AND DELAYS. (a) A
  governmental entity shall monitor the occurrence of errors made,
  and any significant delays caused, by the eligibility verification
  program used under Section 2351.054.
         (b)  Not later than December 1 of each year, the governmental
  entity shall submit a report to the United States Department of
  Homeland Security regarding the occurrence during the previous year
  of errors and delays described by Subsection (a). The report must
  include:
               (1)  a determination of whether the eligibility
  verification program is wrongfully denying public benefits to
  individuals who are lawfully present in the United States; and
               (2)  recommendations for ensuring that the errors and
  delays do not continue to occur.
         (c)  The governmental entity shall make the report submitted
  under Subsection (b) available to the public.
         Sec. 2351.102.  ANNUAL COMPLIANCE REPORT. Not later than
  December 1 of each year, each governmental entity that administers
  a state or local public benefit shall submit to the governor,
  lieutenant governor, and the speaker of the house of
  representatives a report regarding the governmental entity's
  compliance with this chapter.
  [Sections 2351.103-2351.150 reserved for expansion]
  SUBCHAPTER D. ENFORCEMENT
         Sec. 2351.151.  CRIMINAL PENALTY FOR FRAUDULENT AFFIDAVIT.
  (a) An individual commits an offense if the individual knowingly
  makes a false or otherwise fraudulent statement in an affidavit
  executed under Section 2351.052.
         (b)  An offense under this section is a state jail felony.
         (c)  If conduct that constitutes an offense under this
  section also constitutes an offense under any other law, the actor
  may be prosecuted under this section or the other law.
         Sec. 2351.152.  REPORTING OF FEDERAL CRIMINAL CONDUCT.  If
  an applicant for a public benefit submits to a governmental entity
  an affidavit executed under Section 2351.052 containing a statement
  that constitutes a false and wilful representation of United States
  citizenship under 18 U.S.C. Section 911, the governmental entity
  shall report that conduct to the United States attorney for the
  district in which the affidavit was submitted.
         SECTION 2.  Subtitle H, Title 10, Government Code, as added
  by this Act, applies to an application for a federal, state, or
  local public benefit that is pending or filed on or after the
  effective date of this Act.
         SECTION 3.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 4.  This Act takes effect September 1, 2011.