Texas House Bill HB1308

Texas 2025 - 89th Regular

• Filed: 11/13/24

Caption

Relating to employment practices of governmental entities, state contractors, and private employers in this state regarding the legal status of employees, including requiring participation in the federal electronic verification of employment authorization program, or E-verify program, and authorizing the suspension of certain licenses held by private employers for certain conduct in relation to the employment of persons not lawfully present.

Impact

The implementation of HB 1308 is likely to have significant ramifications on employment laws within Texas. By obligating participation in E-Verify, the bill not only standardizes the process of verifying employee eligibility across various employers but also imposes a framework for accountability. Employers are expected to maintain compliance with E-Verify requirements, which will be overseen by state agencies. There is a potential increase in the administrative burden on employers, particularly small businesses, as they will need to establish procedures to integrate with the E-Verify system.

Summary

House Bill 1308 mandates that governmental entities, state contractors, and private employers in Texas must participate in the federal electronic employment verification program, known as E-Verify. This program is aimed at verifying the legal employment status of individuals hired by these entities. Failure to comply with this mandate will result in certain penalties, including the potential suspension of licenses held by the offending employers. The bill is intended to strengthen enforcement against the hiring of individuals who are not legally present in the United States, reflecting a more stringent approach toward employment practices in Texas.

Contention

Points of contention surrounding HB 1308 revolve primarily around concerns regarding its impact on hiring practices and local economies. Critics argue that the mandatory E-Verify participation may exacerbate labor shortages, particularly in industries that traditionally employ a significant number of individuals from immigrant backgrounds. Additionally, opponents raise ethical concerns about the implications of increased scrutiny into the employment status of workers, possibly leading to discrimination or wrongful termination based on citizenship status. Proponents, however, emphasize the need for a more robust framework to ensure that all employees are legally authorized to work, positing that this will lead to fairer labor practices overall.

Texas Constitutional Statutes Affected

Government Code

• Chapter 2264. Restrictions On Use Of Certain Public Subsidies
  • Section: New Section