Texas 2009 - 81st Regular

Texas Senate Bill SB2568

Filed
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a prohibition against the knowing employment of persons not lawfully present in the United States and the suspension of licenses held by certain employers for the knowing employment of those persons.

Impact

The implementation of SB2568 is expected to have substantial implications for state labor laws and the operational practices of employers across Texas. By obligating employers to actively verify the employment eligibility of their workforce, the bill seeks to create a stronger deterrence against illegal employment practices. Licensing authorities are tasked with enforcing these standards, which may include reducing the number of permits issued to non-compliant employers. As a result, businesses may have to invest additional resources in their hiring processes to ensure they meet these legal requirements, impacting their operational efficiency and costs.

Summary

Senate Bill 2568 establishes a framework that prohibits employers from knowingly hiring individuals who are not lawfully present in the United States. This law mandates that employers must verify the immigration status of their employees and imposes penalties in the form of license suspensions for those who violate this prohibition. The bill goes into detail about the necessary steps an employer must take to confirm an employee's legal right to work in the country, including maintaining documented verification on file. It emphasizes the importance of compliance with federal immigration laws and sets out the documentation that is deemed acceptable for employment eligibility verification.

Contention

There are notable points of contention surrounding SB2568, particularly regarding its potential impact on businesses and immigrant communities. Advocates argue that the measure helps maintain fair labor competition and upholding the rule of law, while critics contend that it could lead to worker exploitation and increased fear among immigrant workers. The aggressive enforcement mechanisms, which include the suspension of licenses for repeat offenders, have raised concerns about the fairness of the penalties imposed on businesses, especially small enterprises that may struggle to navigate complex immigration regulations. Additionally, opponents fear that such measures may deter valuable workers from participating in Texas's labor market.

Summary_conclusion

Ultimately, SB2568 represents a significant shift in labor enforcement in Texas, aligning state law more closely with federal immigration policy. Its effective implementation will hinge on the clarity of the regulatory framework established by the Texas Workforce Commission and the comptroller. As discussions continue, the balance between legal compliance and the economic vitality of diverse businesses in the state remains a focus of debate.

Companion Bills

TX SB357

Duplicate Relating to a prohibition against the knowing employment of persons not lawfully present in the United States and the suspension of licenses held by certain employers for the knowing employment of those persons.

Previously Filed As

TX HB40

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions, and authorizing under certain circumstances the removal of persons who violate certain of those prohibitions; creating criminal offenses.

TX SB81

Relating to certain laws that regulate aspects of illegal immigration in this state, including laws pertaining to the DNA records of certain persons subject to an immigration detainer request, the recognition of certain out-of-state driver's licenses, inviting certain federal agencies to participate on the homeland security council, the reporting of certain uncompensated hospital care costs, and certain requirements for participation in the E-verify program; increasing a criminal penalty.

TX SB4

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

TX HB4

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

TX SB1362

Relating to hiring and licensing certain individuals lawfully present in the United States as peace officers.

TX HB127

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Homeland Security Division, and to compensate persons affected by those threats.

TX HB13

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing the Texas Homeland Security Division and the Border Security Advisory Council, and to compensate persons affected by those threats.

TX HB425

Relating to the prohibition of certain employment discrimination regarding an employee who is a volunteer emergency responder.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB61

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

Similar Bills

TX SB357

Relating to a prohibition against the knowing employment of persons not lawfully present in the United States and the suspension of licenses held by certain employers for the knowing employment of those persons.

TX HB4712

Relating to an annual report by the comptroller of public accounts on the fiscal impact to this state of persons not lawfully present.

TX HB303

Relating to the imposition of a fee for money transmissions sent to certain destinations outside the United States.

TX HB263

Relating to the imposition of a fee for money transmissions sent to certain destinations outside the United States.

TX HB306

Relating to the provision of certain public benefits and services to persons not lawfully present in the United States and reimbursement from the federal government for those benefits and services.

TX HB219

Relating to the provision of certain public benefits and services to persons not lawfully present in the United States and reimbursement from the federal government for those benefits and services.

TX HB2640

Relating to the cost of confinement and imprisonment of persons not lawfully present in the United States and reimbursement from the federal government for that cost.

TX HB310

Relating to the cost of confinement and imprisonment of persons not lawfully present in the United States and reimbursement from the federal government for that cost.