An executive order signed by Gov. Greg Abbott Thursday afternoon requires hospitals to start tracking that information by Nov. 1. Hospitals will also have to track how much money they spend on care for undocumented immigrants.
The order requires hospitals to report its findings to the state's Health and Human Services Commission four times a year starting March 1.
"I very much believe this is a political move that vilifies our immigrant communities," Imelda Mejia, with the immigrant advocacy group Texas Rising, said.
Mejia worries the new law will make people think twice about seeking treatment.
"It's going to throw patients for a loop, I think, and we know that immigrant families already have a hard time navigating our health care system," she said.
As noted in the executive order, patients won't be turned away because of their immigration status. Abbott argues that since the state is paying for treatment through Medicaid funding, it has a right to try to recoup the cost from the federal government.
"It is important to the taxpayers to know how their money is being spent, how much it's costing them, and where that money is going," Ira Mehlman with the Federation for American Immigration Reform said.
Florida enacted a similar law in 2023. The state reports it's spending $148 million a year on health care for undocumented immigrants.
While hospitals can ask about immigration status, legal experts say you're not required to answer.
"Even if people don't say if they're in the country illegally, you can make a reasonable deduction here. If people don't have a valid ID," Mehlman said.
The executive order doesn't spell out if that will be an acceptable way for hospitals to gather data.
Harris Health, which operates Ben Taub and LBJ, said it would comply with the law but didn't provide specifics as to how.
For news updates, follow Luke Jones on Facebook, X and Instagram.