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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that state agencies report the cost of |
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services and benefits provided to unlawful immigrants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2101.0115, Government Code, is amended |
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by amending Subsections (c) and (d) and adding Subsection (e) to |
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read as follows: |
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(c) A state agency's annual report must include: |
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(1) the name and job title of each bonded agency |
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employee, the amount of the bond, and the name of the surety company |
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that issued the bond; |
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(2) an analysis of space occupied by the agency, |
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including: |
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(A) the total amount of space rented by the |
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agency, expressed in square feet; |
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(B) the total amount of space occupied by the |
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agency in state-owned buildings, expressed in square feet; |
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(C) the name and address of each building in |
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which the agency occupies space and the amount of square feet in |
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each building devoted to each particular use; |
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(D) the cost per square foot of all rented space; |
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(E) the annual and monthly cost of all rented |
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space; |
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(F) the name of each lessor of space rented by the |
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agency; |
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(G) a description of the agency's progress toward |
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achieving the objective provided by Section 2165.104, if the agency |
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is subject to that section; and |
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(H) any other information helpful to describe the |
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agency's use of space; |
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(3) an itemization of all fees paid by the agency for |
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professional or consulting services provided under Subchapter A or |
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B, Chapter 2254, including the name of each person receiving those |
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fees and the reason for the provision of the services; |
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(4) an itemization of all fees paid by the agency for |
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legal services, other than legal services provided by an agency |
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employee or the attorney general, including the name of each person |
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receiving those fees and the reason for the provision of the |
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services; |
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(5) a copy of the form prepared by the agency under |
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Section 2205.041, relating to the agency's use and cost of |
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operating aircraft that are state-owned or under rental or |
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long-term lease; |
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(6) an itemization of any purchases made under Section |
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2155.067, including each product purchased, the amount of the |
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purchase, and the name of the vendor; |
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(7) for each fiscal year ending in an even-numbered |
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calendar year: |
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(A) a copy of the master file report verification |
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form certified by the General Land Office, if applicable to the |
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agency, to confirm that the agency is in compliance with Subchapter |
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E, Chapter 31, Natural Resources Code; or |
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(B) if the agency's inventory record is |
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inaccurate or incomplete, a statement that the agency will submit |
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the appropriate forms to the General Land Office not later than the |
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15th day after the date the agency submits its annual report; |
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(8) a copy of the report prepared by the agency under |
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Section 2161.124, relating to the agency's use of historically |
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underutilized businesses; |
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(9) a report of each transfer of appropriated money |
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between appropriation items that shows the sum of all transfers |
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affecting each item; |
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(10) an itemization of each passenger vehicle the |
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agency purchased, including the make, model, purchase price, |
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assigned type of use, and fuel efficiency as expressed by the |
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manufacturer's fuel efficiency rating; |
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(11) a schedule, applicable to state agencies |
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determined by the Legislative Budget Board, detailing total |
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expenditures by or on behalf of the agency for: |
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(A) employee benefits, including social |
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security, health insurance, retirement contributions, benefit |
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replacement pay, and workers' and unemployment compensation |
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payments; |
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(B) bond debt service; and |
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(C) payments for general governmental services |
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as defined by the comptroller, including services of the |
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comptroller, the attorney general, the General Services |
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Commission, the Department of Information Resources, and the state |
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auditor; |
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(12) for an institution of higher education, the total |
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amount of lump-sum vacation and compensatory leave payments made to |
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employees who separated from state service during the fiscal year; |
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(13) the name and job title of each state officer or |
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employee authorized to use a state-owned or state-leased vehicle |
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and the reasons for the authorization, in accordance with Section |
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2113.013; [and] |
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(14) a report of expenditures made for each commodity |
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or service identified under Section 2155.448, including: |
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(A) the total amount spent on those commodities |
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and services; |
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(B) the total amount spent for commodities and |
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services purchased that accomplish the same purpose; and |
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(C) the total amount spent for all other |
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recycled, remanufactured, or environmentally sensitive commodities |
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or services, itemized by type of commodity or service; and |
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(15) a report of the cost of services and benefits |
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provided to unlawfully present immigrants, with the agency |
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determining the extent to which unlawfully present immigrants are |
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served by the agency by: |
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(A) asking each recipient of a service or benefit |
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whether the individual is an unlawfully present immigrant, unless |
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prohibited by other law; |
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(B) considering statements and other information |
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provided by the recipient of a service or benefit that identifies |
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the recipient as an unlawfully present immigrant, including place |
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of birth, registration with the Social Security Administration to |
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the extent that information may be lawfully obtained, and work |
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history; or |
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(C) using a statistical method developed by the |
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agency if it is not practical for the agency to directly determine |
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whether each recipient of a service or benefit is an unlawfully |
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present immigrant. |
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(d) In this section: |
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(1) "Annual report" means the annual report required |
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by this section. |
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(2) "Appropriated money" means money appropriated by |
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the legislature under the General Appropriations Act or other law. |
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(3) "Appropriation item" includes an item listed in |
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the General Appropriations Act under an informational listing of |
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appropriated funds. |
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(4) "Unlawfully present immigrant" means an |
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individual who is not: |
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(A) a United States citizen; |
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(B) a legal permanent resident of the United |
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States; or |
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(C) a qualified alien or nonimmigrant under the |
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Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) who |
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is legally present in the United States. |
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(e) A state agency shall also submit the report required |
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under Subsection (c)(15) to the lieutenant governor, speaker of the |
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house of representatives, and members of the legislature. |
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SECTION 2. The changes in law made by this Act to Section |
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2101.0115, Government Code, apply only in relation to an |
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application for a service or benefit that is made on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2009. |