82R996 KCR-D
By: Riddle H.B. No. 1202
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of employing or contracting
with an unauthorized alien.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Title 8, Penal Code, is amended to
read as follows:
TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION AND THE
ADMINISTRATION OF CERTAIN LAWS
SECTION 2. Title 8, Penal Code, is amended by adding Chapter
40 to read as follows:
CHAPTER 40. CERTAIN EMPLOYMENT OR CONTRACTS PROHIBITED UNDER
FEDERAL LAW
Sec. 40.01. DEFINITION. In this chapter, "unauthorized
alien" has the meaning assigned by 8 U.S.C. Section 1324a(h)(3).
Sec. 40.02. EMPLOYING OR CONTRACTING WITH UNAUTHORIZED
ALIEN. (a) A person commits an offense if the person
intentionally, knowingly, or recklessly:
(1) employs an unauthorized alien;
(2) contracts for the performance of labor or other
work with an unauthorized alien; or
(3) contracts or subcontracts for the performance of
labor or other work with another person the actor knows will employ
or contract with an unauthorized alien to perform labor or other
work under the contract or subcontract.
(b) An offense under this section is a state jail felony.
Sec. 40.03. EXCEPTIONS. It is an exception to the
application of Section 40.02 that the actor:
(1) employed or contracted with the unauthorized
alien, or entered into a contract or subcontract described by
Section 40.02(a)(3), for the purpose of obtaining labor or other
work to be performed exclusively or primarily at a single-family
residence in which the actor resides; or
(2) attempted to verify the unauthorized alien's
immigration status or work authorization in a manner that is more
likely than not to produce a correct and reliable result concerning
an individual's immigration status or work authorization and had no
knowledge of the unauthorized alien's actual immigration status or
work authorization.
SECTION 3. This Act takes effect September 1, 2011.