83R1794 KSD-D
 
  By: Zedler H.B. No. 181
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition against the construction or operation by
  a local governmental entity of a day labor center used to facilitate
  the employment of aliens not lawfully present in the United States.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle C, Title 7, Local Government Code, is
  amended by adding Chapter 247 to read as follows:
  CHAPTER 247. CERTAIN PROHIBITIONS APPLYING TO MORE THAN ONE TYPE OF
  LOCAL GOVERNMENT
         Sec. 247.001.  PROHIBITION AGAINST CONSTRUCTION OR
  OPERATION BY LOCAL GOVERNMENTAL ENTITY OF DAY LABOR CENTER THAT
  FACILITATES EMPLOYMENT OF ALIENS NOT LAWFULLY PRESENT.  (a)  In this
  section:
               (1)  "Day laborer" means an individual engaged in or
  waiting to be engaged in occasional or irregular labor for which an
  individual is generally employed for a period not longer than that
  required to complete a specific assignment, and for which wages are
  paid directly to the individual or indirectly by a person who
  recruits day laborers or a third-party employer for work undertaken
  by the individual.  The term does not include an individual engaged
  in or waiting to be engaged in labor of a professional or clerical
  nature.
               (2)  "Day labor center" means a central facility or
  location at which day laborers assemble to find employment. The
  term does not include:
                     (A)  a temporary skilled labor agency;
                     (B)  a staff leasing service agency;
                     (C)  an employment counselor;
                     (D)  a talent agency;
                     (E)  an employment service or labor training
  program; or
                     (F)  a labor union hiring hall.
         (b)  A municipality, county, or other local governmental
  entity may not use public money to construct or operate a day labor
  center used for the purpose of facilitating the knowing employment
  of any person who is not:
               (1)  a United States citizen;
               (2)  a legal permanent resident of the United States;
  or
               (3)  a qualified alien or nonimmigrant under the
  Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) who
  is lawfully present in the United States.
         SECTION 2.  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, 2013.