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  80R1245 CAE-D
 
  By: Berman H.B. No. 28
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of an individual born in this state
whose parents are illegal aliens to receive state benefits.
       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
CHAPTER 2352.  ELIGIBILITY FOR BENEFITS
       Sec. 2352.001.  DEFINITION.  In this chapter, "illegal
alien" means an individual who is not a citizen or national of the
United States and who has entered the United States without
inspection and authorization by an immigration officer.
       Sec. 2352.002.  APPLICABILITY.  This chapter applies only to
an individual:
             (1)  who is born in this state on or after the effective
date of this chapter; and
             (2)  whose parents are illegal aliens at the time the
individual is born.
       Sec. 2352.003.  ELIGIBILITY.  An individual to whom this
chapter applies is not entitled to and may not receive any benefit
provided by this state or a political subdivision of this state,
including:
             (1)  a grant, contract, loan, professional license, or
commercial license provided by an agency of this state or a
political subdivision of this state or by appropriated funds of
this state or a political subdivision of this state;
             (2)  employment by this state or a political
subdivision of this state;
             (3)  a retirement payment or other benefit received on
account of the status of the individual as a former employee or
officer of this state or a political subdivision of this state;
             (4)  public assistance benefits, including welfare
payments, food stamps, or food assistance from this state or a
political subdivision of this state;
             (5)  health care or public assistance health benefits;
             (6)  disability benefits or assistance;
             (7)  public housing or public housing assistance;
             (8)  instruction in primary or secondary education;
             (9)  instruction from a public institution of higher
education; and
             (10)  an unemployment benefit.
       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, 2007.