82R9463 KSD-F
By: Jackson H.B. No. 2450
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of employing an individual
not lawfully present in the United States.
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; ADMINISTRATION OF
CERTAIN LAWS
SECTION 2. Title 8, Penal Code, is amended by adding Chapter
40 to read as follows:
CHAPTER 40. CERTAIN EMPLOYMENT PROHIBITED UNDER FEDERAL LAW
Sec. 40.01. DEFINITIONS. In this chapter:
(1) "Business" means a commercial enterprise or
establishment, including a sole proprietorship, joint venture,
partnership, corporation, or other legally recognizable entity,
whether for profit or not for profit, that engages in a business
operation in this state.
(2) "Employ" means to agree or promise to provide
compensation for labor or services rendered.
(3) "Individual not lawfully present" means an
individual who, at the time of employment, is an alien who is not
lawfully admitted for permanent residence in the United States
under the federal Immigration and Nationality Act (8 U.S.C. Section
1101 et seq.) or not otherwise authorized to be employed by that Act
or the United States attorney general.
(4) "Lawful resident alien" means a person who is
entitled to lawful residence in the United States under the federal
Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.).
(5) "Lawful resident verification information" means
the documentation required by the United States Department of
Homeland Security for completing the employment eligibility
verification form commonly referred to as the I-9. Documentation
that satisfies the requirements of the Form I-9 at the time of
employment is lawful resident verification information.
Sec. 40.02. EMPLOYING INDIVIDUAL NOT LAWFULLY PRESENT. (a)
A business commits an offense if the business intentionally or
knowingly employs an individual not lawfully present.
(b) An offense under this section is punishable by a fine of
not more than $10,000 for the first offense and a fine of not more
than $20,000 or less than $10,000 for each subsequent offense.
(c) The attorney general may offer to a county or district
attorney the assistance of the attorney general's office in the
prosecution of an offense under this section. For purposes of this
subsection, assistance includes investigative, technical, and
litigation assistance.
(d) In addition to the fines described by Subsection (b), a
district attorney, a county attorney, or the attorney general may
recover reasonable expenses incurred in prosecuting an offense
under this section, including court costs, reasonable attorney's
fees, investigative costs, witness fees, and deposition costs.
Sec. 40.03. AFFIRMATIVE DEFENSES. (a) It is an affirmative
defense to prosecution of a violation of Section 40.02 that:
(1) the business, at least l4 calendar days after the
commencement of the employee's employment, requested from the
employee and received and documented in the employee's employment
record, lawful resident verification information consistent with
employer requirements under the federal Immigration Reform and
Control Act of 1986 (Pub. L. No. 99-603); and
(2) the lawful resident verification information
provided by the employee later was determined to be false.
(b) It is an affirmative defense to prosecution of a
violation of Section 40.02 that the business verified the
immigration status of the individual at least 14 calendar days
after the commencement of the employee's employment through an
electronic federal work authorization program operated by the
United States Department of Homeland Security to verify information
of newly hired employees.
SECTION 3. This Act takes effect September 1, 2011.