82R351 KCR-D
By: Berman H.B. No. 296
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of immigration laws, to the
investigation, prosecution, and punishment of certain criminal
offenses concerning illegal immigration, and to certain employment
and labor practices and requirements regarding immigration and
immigrants; providing civil and criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.251 to read as follows:
Art. 2.251. COOPERATION AND ASSISTANCE IN ENFORCEMENT OF
FEDERAL IMMIGRATION LAW. (a) In this article, "illegal alien"
means a person who:
(1) is not a citizen or national of the United States;
and
(2) is unlawfully present in the United States
according to the terms of the Immigration Reform and Control Act of
1986 (8 U.S.C. Section 1101 et seq.).
(b) During any detention or arrest made by a peace officer
or law enforcement agency of this state or of a political
subdivision of this state, the officer or agency shall make a
reasonable attempt, if practicable, to determine the immigration
status of the person detained or arrested. The investigation of a
person's immigration status may not serve as the grounds for the
detention or arrest and may not unlawfully prolong the period in
which the person is detained or is maintained in custody by the
officer or agency.
(c) The peace officer or law enforcement agency may not
attempt to determine the person's immigration status under
Subsection (b) if the attempt could hinder or obstruct a criminal
investigation.
(d) For purposes of Subsection (b), a person is presumed not
to be an illegal alien if the person provides to the peace officer
or law enforcement agency any of the following documentation:
(1) a driver's license or personal identification
certificate issued to the person under Chapter 521, Transportation
Code;
(2) a tribal enrollment card or other form of tribal
identification issued to the person; or
(3) any other form of identification issued to the
person by the United States, by this state or another state, or by a
political subdivision of this state or another state, if before
issuing that form of identification the applicable entity requires
proof of the person's legal presence in the United States.
(e) A person's immigration status may be verified after an
investigation under Subsection (b) by:
(1) a peace officer or other law enforcement officer
of this state who is authorized under federal law to verify or
ascertain a person's immigration status; or
(2) a federal law enforcement officer, in accordance
with 8 U.S.C. Section 1373(c).
(f)(1) Notwithstanding any other law, after a verification
of status under this article, a law enforcement agency may securely
transport an illegal alien in the agency's custody to:
(A) a federal facility in this state; or
(B) any other point of transfer into federal
custody that is outside the jurisdiction of the law enforcement
agency, including a point of transfer located in another state.
(2) The law enforcement agency must obtain judicial
authorization before transporting the illegal alien to a point of
transfer that is located in another state.
(g) If an illegal alien is convicted of an offense under the
law of this state or of a political subdivision of this state,
United States Immigration and Customs Enforcement or United States
Customs and Border Protection shall be immediately notified of that
fact:
(1) on the discharge of the alien from confinement or
on the assessment of any monetary obligation that is imposed on the
alien; and
(2) as otherwise required by law.
(h) An official or agency of this state or of a political
subdivision of this state may not limit or restrict the enforcement
of federal immigration law to less than the full extent permitted by
federal law.
(i) Except as provided by federal law, an official or agency
of this state or of a political subdivision of this state may not be
prohibited or restricted from sending, receiving, or maintaining
information relating to the immigration status of any person or
from exchanging that information with any other governmental entity
of the United States, this state, or a political subdivision of this
state for the following purposes:
(1) determining eligibility for any public benefit,
service, or license provided by the United States, this state, or a
political subdivision of this state;
(2) verifying any claim of residence or domicile if
determination of residence or domicile is required under the law of
this state or under a judicial order issued in a civil or criminal
proceeding in this state;
(3) determining whether the person is in compliance
with any applicable registration laws prescribed by Chapter 7,
Title II, Immigration and Nationality Act (8 U.S.C. Section 1301 et
seq.); or
(4) in accordance with 8 U.S.C. Sections 1373 and
1644.
SECTION 2. Chapter 2, Code of Criminal Procedure, is
amended by adding Article 2.31 to read as follows:
Art. 2.31. DETERMINATION REGARDING CITIZENSHIP STATUS. In
the investigation of an offense under Section 20A.03, Penal Code,
the determination of whether a person is an illegal alien may be
made only by:
(1) a peace officer or other law enforcement officer
of this state who, under federal law, is authorized to verify or
ascertain a person's immigration status or work authorization; or
(2) a federal law enforcement officer, in accordance
with 8 U.S.C. Section 1373(c).
SECTION 3. Chapter 6, Code of Criminal Procedure, is
amended by adding Article 6.075 to read as follows:
Art. 6.075. PREVENTION OF HUMAN TRAFFICKING OFFENSES. (a)
In this article, "motor vehicle" has the meaning assigned by
Section 501.002, Transportation Code.
(b) Regardless of whether a peace officer's subjective
intent is to prevent the commission of an offense under Section
20A.02, Penal Code, the officer may stop and detain the operator of
a motor vehicle if the officer has an objectively reasonable
suspicion that the operator has engaged in conduct that
constitutes:
(1) an offense under Subtitle C, Title 7,
Transportation Code;
(2) a civil traffic offense; or
(3) a violation of a county or municipal order or
ordinance regulating traffic.
(c) If an officer making a stop under Subsection (b)
observes evidence leading to a reasonable suspicion of the
commission of an offense under Section 20A.03, Penal Code, the
officer may:
(1) continue the detention for any period necessary to
investigate the commission of that offense; and
(2) arrest without warrant any person the officer has
probable cause to believe has committed that offense.
SECTION 4. Articles 14.03(a) and (f), Code of Criminal
Procedure, are amended to read as follows:
(a) Any peace officer may arrest, without warrant:
(1) persons found in suspicious places and under
circumstances which reasonably show that such persons have been
guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
breach of the peace, or offense under Section 49.02, Penal Code, or
threaten, or are about to commit some offense against the laws;
(2) persons who the peace officer has probable cause
to believe have committed an assault resulting in bodily injury to
another person and the peace officer has probable cause to believe
that there is danger of further bodily injury to that person;
(3) persons who the peace officer has probable cause
to believe have committed an offense defined by Section 25.07,
Penal Code (violation of Protective Order), or by Section 38.112,
Penal Code (violation of Protective Order issued on basis of sexual
assault), if the offense is not committed in the presence of the
peace officer;
(4) persons who the peace officer has probable cause
to believe have committed an offense involving family violence;
(5) persons who the peace officer has probable cause
to believe have prevented or interfered with an individual's
ability to place a telephone call in an emergency, as defined by
Section 42.062(d), Penal Code, if the offense is not committed in
the presence of the peace officer; [or]
(6) a person who makes a statement to the peace officer
that would be admissible against the person under Article 38.21 and
establishes probable cause to believe that the person has committed
a felony; or
(7) persons who the peace officer has probable cause
to believe have committed a public offense that, under federal law,
makes those persons removable from the United States.
(f) In this article:
(1) "Family [, "family] violence" has the meaning
assigned by Section 71.004, Family Code.
(2) "Public offense" means:
(A) an offense under the law of this state; or
(B) an offense under the law of another state, if
the offense contains elements that are substantially similar to the
elements of an offense under the law of this state.
SECTION 5. Section 3g(a), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(a) The provisions of Section 3 of this article do not
apply:
(1) to a defendant adjudged guilty of an offense
under:
(A) Section 19.02, Penal Code (Murder);
(B) Section 19.03, Penal Code (Capital murder);
(C) Section 21.11(a)(1), Penal Code (Indecency
with a child);
(D) Section 20.04, Penal Code (Aggravated
kidnapping);
(E) Section 22.021, Penal Code (Aggravated
sexual assault);
(F) Section 29.03, Penal Code (Aggravated
robbery);
(G) Chapter 481, Health and Safety Code, for
which punishment is increased under:
(i) Section 481.140, Health and Safety
Code; or
(ii) Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections;
(H) Section 22.011, Penal Code (Sexual assault);
(I) Section 22.04(a)(1), Penal Code (Injury to a
child, elderly individual, or disabled individual), if the offense
is punishable as a felony of the first degree and the victim of the
offense is a child;
(J) Section 43.25, Penal Code (Sexual
performance by a child); [or]
(K) Section 15.03, Penal Code, if the offense is
punishable as a felony of the first degree; or
(L) Section 38.025, Penal Code (Failure to
complete or carry alien registration document); or
(2) to a defendant when it is shown that a deadly
weapon as defined in Section 1.07, Penal Code, was used or exhibited
during the commission of a felony offense or during immediate
flight therefrom, and that the defendant used or exhibited the
deadly weapon or was a party to the offense and knew that a deadly
weapon would be used or exhibited. On an affirmative finding under
this subdivision, the trial court shall enter the finding in the
judgment of the court. On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.
SECTION 6. Section 4(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Section 15(a);
(3) does not file a sworn motion under Subsection (e)
of this section or for whom the jury does not enter in the verdict a
finding that the information contained in the motion is true;
(4) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any one of those subsections;
(5) is convicted of an offense listed in Section
3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
than 14 years of age at the time the offense was committed;
(6) is convicted of an offense listed in Section
3g(a)(1)(D), if the victim of the offense was younger than 14 years
of age at the time the offense was committed and the actor committed
the offense with the intent to violate or abuse the victim sexually;
(7) is convicted of an offense listed in Section
3g(a)(1)(J) or (L); or
(8) is adjudged guilty of an offense under Section
19.02, Penal Code.
SECTION 7. Section 5(d), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(d) In all other cases the judge may grant deferred
adjudication unless:
(1) the defendant is charged with an offense:
(A) under Sections 49.04-49.08, Penal Code; or
(B) for which punishment may be increased under
Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
is shown that the defendant has been previously convicted of an
offense for which punishment was increased under any one of those
subsections;
(2) the defendant:
(A) is charged with an offense under Section
21.11, 22.011, or 22.021, Penal Code, regardless of the age of the
victim, or a felony described by Section 13B(b) of this article; and
(B) has previously been placed on community
supervision for any offense under Paragraph (A) of this
subdivision; [or]
(3) the defendant is charged with an offense under:
(A) Section 21.02, Penal Code; or
(B) Section 22.021, Penal Code, that is
punishable under Subsection (f) of that section or under Section
12.42(c)(3), Penal Code; or
(4) the defendant is charged with an offense under
Section 38.025, Penal Code.
SECTION 8. Subchapter B, Chapter 402, Government Code, is
amended by adding Section 402.036 to read as follows:
Sec. 402.036. IMMIGRATION INVESTIGATION AND ENFORCEMENT.
(a) The definitions of terms provided by Chapter 53, Labor Code,
apply to this section.
(b) The attorney general shall, at least once every 90 days,
request from the United States Department of Homeland Security a
list of employers in this state that are registered with the
e-verify program. On receipt of the list, the attorney general
shall post the list on the attorney general's Internet website.
(c) The attorney general shall retain a copy of each court
order received under Section 53.104(f), Labor Code, and make each
order available on the attorney general's Internet website. The
attorney general shall also include on the attorney general's
Internet website a list of employers in this state that have been
the subject of a court order entered under Section 53.104, Labor
Code.
SECTION 9. Subtitle B, Title 2, Labor Code, is amended by
adding Chapter 53 to read as follows:
CHAPTER 53. EMPLOYMENT OF ILLEGAL ALIENS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 53.001. DEFINITIONS. (a) In this chapter:
(1) "Economic development incentive" means a grant,
loan, or other form of monetary incentive awarded, given, or paid to
an employer by a governmental entity in exchange for or as a result
of the employer conducting an activity with an economic development
purpose. The term does not include a tax exemption, tax rebate, tax
credit, or tax refund under the laws of this state.
(2) "E-verify program" means the electronic
verification of work authorization program of the Illegal
Immigration Reform and Immigration Responsibility Act of 1996 (Pub.
L. No. 104-208, reprinted in note, 8 U.S.C. Section 1324a),
operated by the United States Department of Homeland Security, or a
successor work authorization program designated by the United
States Department of Homeland Security or other federal agency
authorized to verify the work authorization status of newly hired
employees pursuant to the Immigration Reform and Control Act of
1986 (8 U.S.C. Section 1101 et seq.).
(3) "Governmental entity" means:
(A) this state; or
(B) a political subdivision of this state,
including a municipality, a county, or any kind of district.
(4) "Illegal alien" has the meaning assigned to the
term "unauthorized alien" by 8 U.S.C. Section 1324a(h)(3).
(5) "Occupational license" means a license, permit, or
other authorization to engage in business in this state that an
employer is required to hold to conduct business generally in this
state, to conduct business at a particular location in this state,
or to engage in a profession or occupation in this state.
(b) The definitions of terms provided by Chapter 201 apply
to this chapter.
[Sections 53.002-53.050 reserved for expansion]
SUBCHAPTER B. VERIFICATION OF WORK AUTHORIZATION
Sec. 53.051. VERIFICATION OF WORK AUTHORIZATION REQUIRED.
An employer shall:
(1) verify through the e-verify program the work
authorization of each employee hired by the employer; and
(2) retain a record of the verification received under
Subdivision (1) until the later of:
(A) the third anniversary of the date of the
verification; or
(B) the last day on which the employee is
employed by the employer.
Sec. 53.052. EMPLOYER ELIGIBILITY FOR ECONOMIC DEVELOPMENT
INCENTIVE. (a) In addition to any other eligibility requirement an
employer must satisfy before receiving an economic development
incentive, to be eligible to receive an economic development
incentive an employer must:
(1) register with and participate in the e-verify
program; and
(2) provide proof of that registration and
participation to the governmental entity that awards, gives, or
pays the economic development incentive.
(b) If a governmental entity that awards, gives, or pays an
economic development incentive determines that an employer is not
in compliance with Subsection (a), the governmental entity:
(1) may not award an economic development incentive to
the employer; and
(2) must notify the employer, by certified mail, of:
(A) the governmental entity's decision to not
award the incentive based on the employer's noncompliance with
Subsection (a); and
(B) any right of the employer to appeal the
governmental entity's determination of noncompliance.
(c) If the governmental entity's noncompliance
determination remains valid after all appeals of the governmental
entity's determination of noncompliance with Subsection (a) have
been exhausted, the employer, not later than the 30th day after the
date all appeals have been exhausted, shall repay to the
governmental entity any economic development incentive the
employer received from the governmental entity during the period in
which the employer was determined to be not in compliance.
[Sections 53.053-53.100 reserved for expansion]
SUBCHAPTER C. PROHIBITED EMPLOYMENT AND CONTRACTS
Sec. 53.101. CERTAIN EMPLOYMENT AND CONTRACTS PROHIBITED.
An employer may not intentionally or knowingly:
(1) employ or contract with an illegal alien; or
(2) contract or subcontract for the performance of
labor with an individual or another employer that employs or
contracts with an illegal alien to perform work under the contract
or subcontract.
Sec. 53.102. COMPLAINT FORM AND PROCEDURE; CRIMINAL
PENALTY. (a) The attorney general shall prescribe a complaint form
and a complaint process through which a person may submit to the
attorney general an alleged violation of Section 53.101. The
attorney general may not require a complainant to include the
complainant's social security number on the complaint form or to
have the form notarized.
(b) The attorney general shall investigate each alleged
violation of Section 53.101 received through the submission of the
complaint form prescribed under Subsection (a). The attorney
general may investigate an alleged violation of Section 53.101 that
the attorney general receives in a manner other than through the
submission of the complaint form prescribed under Subsection (a).
(c) In investigating an alleged violation of Section
53.101, the attorney general shall request verification of the
immigration status and work authorization of an alleged illegal
alien in accordance with 8 U.S.C. Section 1373(c).
(d) This section may not be construed to prohibit the filing
of an anonymous complaint that is not submitted on the complaint
form prescribed under Subsection (a).
(e) The attorney general may not investigate a complaint
under this subchapter that does not allege a violation of Section
53.101 and that is based solely on the race, color, or national
origin of an individual.
(f) A person commits an offense if the person files a false
complaint under this section. An offense under this subsection is a
Class C misdemeanor.
Sec. 53.103. ENFORCEMENT. (a) If the attorney general,
after verifying the immigration status and work authorization of an
individual as required by Section 53.102(c), determines that an
employer violated Section 53.101, the attorney general shall
forward a copy of the complaint and the results of the investigation
to:
(1) United States Immigration and Customs
Enforcement;
(2) the law enforcement agency with primary
jurisdiction over the geographic area in which the alleged illegal
alien resides; and
(3) the county attorney for the county in which the
alleged illegal alien is or was last employed by or performed work
for the employer.
(b) On receipt of a complaint and the results of an
investigation under Subsection (a), the county attorney shall bring
an action to enforce Section 53.101 and shall request an expedited
hearing on the matter.
(c) A county attorney may not bring a second or subsequent
action against an employer to enforce Section 53.101 before any
other action brought under this subchapter is concluded.
Sec. 53.104. COURT PROCEEDINGS AND ORDER GENERALLY. (a)
The court in which an action is brought under Section 53.103(b)
shall set a hearing in the matter as soon as possible after the date
the county attorney requests the expedited hearing but not later
than the 30th day after that date.
(b) At a hearing under this section, in determining whether
an individual employed by or performing work for an employer is an
illegal alien the court may:
(1) rely only on the federal government's
determination of the alleged illegal alien's immigration status and
work authorization received by the attorney general under Section
53.102(c);
(2) take judicial notice of the federal government's
determination of the immigration status and work authorization of
the alleged illegal alien received by the attorney general under
Section 53.102(c); and
(3) in accordance with 8 U.S.C. Section 1373(c),
request the federal government to provide automated or testimonial
verification of the immigration status and work authorization of
the alleged illegal alien.
(c) If, after hearing and notice, the court finds that an
employer violated Section 53.101, the court shall:
(1) declare any contract that violates Section
53.101(2) void;
(2) order the employer to terminate all employment
that violates Section 53.101 and all performance under a contract
declared void under Subdivision (1); and
(3) not later than the third day after the date the
court enters the order, file with the county attorney an affidavit
stating that the employer:
(A) has terminated all employment or contractual
performance that violates Section 53.101; and
(B) will not intentionally or knowingly violate
Section 53.101.
(d) If an employer fails to file the affidavit required
under Subsection (c)(3) within the prescribed period, the county
attorney shall notify the court of the employer's failure to file
the affidavit. On receipt of the notification, the court, after
notice and hearing, shall order each applicable state agency to
suspend, until the date on which the employer files the required
affidavit, the following occupational licenses held by the
employer:
(1) each occupational license held by the employer
that is specific to the location where an illegal alien was employed
by or performed work for the employer; and
(2) if the employer is not required to hold an
occupational license described by Subdivision (1), each
occupational license held by the employer:
(A) at the employer's primary place of business;
or
(B) as a requirement to engage in a profession or
occupation in this state.
(e) If an employer files the affidavit required under
Subsection (c)(3) after any applicable occupational license held by
the employer has been suspended under Subsection (d), the county
attorney shall immediately notify the court of the filing of the
affidavit. On receipt of the notification, the court shall
immediately order each state agency that was ordered to suspend an
occupational license under Subsection (d) to reinstate the license,
and the agency shall immediately reinstate the license.
(f) A court entering an order under this section shall
forward a copy of the order to the attorney general.
Sec. 53.105. PROBATIONARY REPORTING PERIOD. (a) A court
that enters an order under Section 53.104 shall require an employer
to file with the county attorney for the period prescribed by
Subsection (b) a quarterly report containing the name and work
authorization of each employee hired by the employer during the
preceding quarter at the location where the illegal alien was
employed by or performed work for the employer.
(b) A court that requires an employer to make quarterly
filings under this section shall require the employer to continue
the filings until:
(1) the third anniversary of the date on which the
court enters an order under Section 53.104, if the court's finding
was that the employer knowingly violated Section 53.101; and
(2) the fifth anniversary of the date on which the
court enters an order under Section 53.104, if the court's finding
was that the employer intentionally violated Section 53.101.
Sec. 53.106. LICENSE SUSPENSION AND REVOCATION. (a) This
section applies to the following occupational licenses held by an
employer:
(1) each occupational license held by the employer
that is specific to the location where an illegal alien was employed
by or performed work for the employer; and
(2) if the employer is not required to hold an
occupational license described by Subdivision (1), each
occupational license held by the employer:
(A) at the employer's primary place of business;
or
(B) as a requirement to engage in a profession or
occupation in this state.
(b) A court that finds that an employer knowingly violated
Section 53.101 may order a state agency to suspend, for a period not
to exceed 10 days, any applicable occupational license held by the
employer. A court that finds that an employer intentionally
violated Section 53.101 shall order a state agency to suspend, for a
period of at least 10 days, any applicable occupational license
held by the employer.
(c) In determining whether or for how long to suspend an
occupational license held by an employer, the court may consider
any fact admitted in evidence during an action brought to enforce
Section 53.101 and shall consider:
(1) the number of illegal aliens employed by or
performing work for the employer;
(2) any prior misconduct by the employer;
(3) the degree of harm, if any, resulting from the
violation of Section 53.101;
(4) whether the employer has made good faith attempts
to comply with this chapter;
(5) the duration of the violation of Section 53.101;
and
(6) the role, if any, of the employer's directors,
officers, or principals in the violation of Section 53.101.
(d) If, after the court proceedings described by Section
53.104, the court finds that the employer committed the violation
of Section 53.101 during or after the completion of a probationary
reporting period described by Section 53.105 and at the same
business location at which the employer committed the first
violation that resulted in the probationary reporting period, the
court shall order each applicable state agency to revoke each
occupational license held by the employer. The applicable state
agency shall revoke the occupational license immediately on receipt
of the court's order.
Sec. 53.107. REBUTTABLE PRESUMPTION; AFFIRMATIVE DEFENSE.
(a) A determination of an alleged illegal alien's immigration
status and work authorization made by the federal government in
accordance with 8 U.S.C. Section 1373(c) creates a rebuttable
presumption of the alleged illegal alien's immigration status and
work authorization.
(b) Proof that an employer verified the work authorization
of an alleged illegal alien through the e-verify program creates a
rebuttable presumption that the employer did not intentionally or
knowingly violate Section 53.101.
(c) It is an affirmative defense to an action brought under
Section 53.103 that an employer complied in good faith with the
requirements of 8 U.S.C. Section 1324a(b). For purposes of this
subsection, an employer's compliance with the requirements of 8
U.S.C. Section 1324a(b) is considered to be in good faith
notwithstanding a technical or procedural failure to meet the
requirements of 8 U.S.C. Section 1324a(b) if the failure is
isolated, sporadic, or accidental in nature.
(d) It is an affirmative defense to an action brought under
Section 53.103 that the employer was entrapped into violating
Section 53.101. An employer asserting an affirmative defense under
this subsection must prove, by a preponderance of the evidence,
that:
(1) a law enforcement officer or an agent of a law
enforcement officer introduced the concept of violating Section
53.101 to the employer;
(2) the law enforcement officer or agent induced the
employer to commit the violation of Section 53.101; and
(3) the employer was not predisposed to commit the
violation before the law enforcement officer or agent took the
actions described by Subdivisions (1) and (2).
(e) For purposes of Subsection (d):
(1) an employer may not prevail on the affirmative
defense of entrapment if the employer was predisposed to commit the
violation of Section 53.101 and the law enforcement officer or an
agent of the law enforcement officer merely provided the employer
with the manner or means to commit the violation;
(2) entrapping conduct does not include a law
enforcement officer or an agent of a law enforcement officer merely
using a ruse or concealing the officer or agent's true identity; and
(3) the court may consider the conduct of a law
enforcement officer or an agent of a law enforcement officer in
determining if an employer has proven the affirmative defense of
entrapment.
Sec. 53.108. POWERS AND DUTIES OF STATE AND LOCAL OFFICIALS
IN INVESTIGATION. (a) Except as provided by Subsection (b), a
sheriff or other local law enforcement agency may assist the
attorney general or a county attorney in the investigation of an
alleged violation of Section 53.101.
(b) An official of this state or a political subdivision of
this state may not attempt independently to determine whether an
individual is authorized to work in this country.
[Sections 53.109-53.150 reserved for expansion]
SUBCHAPTER D. CRIMINAL OFFENSES RELATED TO EMPLOYMENT OF OR
PERFORMANCE OF WORK BY ILLEGAL ALIENS
Sec. 53.151. HIRING OR CONTRACTING FOR WORK FROM CERTAIN
MOTOR VEHICLES. (a) A person commits an offense if, while the
person is an occupant of a motor vehicle that is stopped on a
street, roadway, or highway and that is blocking or impeding the
normal movement of traffic, the person:
(1) hires or attempts to hire or contracts or attempts
to contract with an individual for the purpose of that individual
performing work at another location; and
(2) picks up a person described by Subdivision (1) as a
passenger in the motor vehicle.
(b) A person commits an offense if, for the purpose of being
hired by or contracting with an occupant of the motor vehicle to
perform work for the occupant at another location, the person
enters a motor vehicle that is stopped on a street, roadway, or
highway and that is blocking or impeding the normal movement of
traffic.
(c) An offense under this section is a Class B misdemeanor.
Sec. 53.152. APPLICATION FOR AND PERFORMANCE OR
SOLICITATION OF WORK PROHIBITED. (a) A person commits an offense if
the person is an illegal alien and the person knowingly applies for
work in this state, solicits work in this state while in a public
place, or performs work in this state as an employee or an
independent contractor.
(b) An offense under this section is a Class B misdemeanor.
Sec. 53.153. ENFORCEMENT AND INVESTIGATION. For purposes
of investigating an offense under this subchapter and enforcing
this subchapter, a person's immigration status and work
authorization may be determined only by:
(1) a law enforcement officer of this state who, under
federal law, is authorized to verify or ascertain a person's
immigration status or work authorization; or
(2) a federal law enforcement officer, in accordance
with 8 U.S.C. Section 1373(c).
SECTION 10. Chapter 20A, Penal Code, is amended by adding
Section 20A.03 to read as follows:
Sec. 20A.03. UNLAWFUL TRANSPORT OR CONCEALMENT OF ILLEGAL
ALIEN. (a) In this section, "illegal alien" means a person who:
(1) is not a citizen or national of the United States;
and
(2) is unlawfully present in the United States
according to the terms of the Immigration Reform and Control Act of
1986 (8 U.S.C. Section 1101 et seq.).
(b) A person commits an offense if the person knowingly or
with recklessness as to another person's status as an illegal
alien:
(1) transports the illegal alien into or through this
state in furtherance of the alien's unlawful presence in the United
States;
(2) conceals or otherwise shields the illegal alien
while present in this state from detection by local, state, or
federal law enforcement authorities; or
(3) solicits or induces the illegal alien to enter or
remain in this state.
(c) An offense under this section is a Class B misdemeanor
with a minimum fine of $1,000, except that the offense is a state
jail felony with a fine of $10,000 if 10 or more illegal aliens are
transported, concealed or otherwise shielded, or solicited or
induced as described by Subsection (b) during the commission of the
offense.
(d) It is a defense to prosecution under this section that
the actor is:
(1) an officer or agent of the Department of Family and
Protective Services investigating a report of child abuse or
neglect under Chapter 261, Family Code; or
(2) emergency medical services personnel providing
emergency medical services, as those terms are defined by Section
773.003, Health and Safety Code.
(e) It is a defense to prosecution under Subsection (b)(1)
that the offense occurred in the provision of a state or local
public benefit described in 8 U.S.C. Section 1621(b).
SECTION 11. Chapter 38, Penal Code, is amended by adding
Section 38.025 to read as follows:
Sec. 38.025. FAILURE TO COMPLETE OR CARRY ALIEN
REGISTRATION DOCUMENT. (a) A person commits an offense if the
person is in violation of 8 U.S.C. Section 1304(e) or 1306(a).
(b) For purposes of this section, a person's immigration
status may be verified by:
(1) a peace officer or other law enforcement officer
of this state who is authorized under federal law to verify or
ascertain a person's immigration status; or
(2) a federal law enforcement officer, in accordance
with 8 U.S.C. Section 1373(c).
(c) An offense under this section is a Class B misdemeanor
punishable by a maximum fine of $100, except that:
(1) a first violation is punishable by not more than 20
days in jail; and
(2) a second or subsequent violation is punishable by
not more than 30 days in jail.
(d) As permitted by Article 42.038, Code of Criminal
Procedure, the court may require the defendant to reimburse the
county for the cost of any confinement of the defendant in the
county jail, in addition to any fine imposed under this section.
(e) It is a defense to prosecution under this section that
the actor maintains authorization from the federal government to
remain in the United States.
SECTION 12. Subtitle J, Title 7, Transportation Code, is
amended by adding Chapter 731 to read as follows:
CHAPTER 731. UNLAWFUL TRANSPORT OR CONCEALMENT OF ILLEGAL ALIENS;
IMPOUNDMENT OF MOTOR VEHICLE
Sec. 731.001. DEFINITIONS. In this chapter:
(1) "Certificate of title" means an instrument issued
under Section 501.021.
(2) "Owner" has the meaning assigned by Section
502.001.
(3) "Vehicle registration" has the meaning assigned by
Section 601.002.
Sec. 731.002. IMPOUNDMENT OF MOTOR VEHICLE. A peace
officer shall impound a motor vehicle that the officer has probable
cause to believe is being used in the commission of an offense under
Section 20A.03, Penal Code.
Sec. 731.003. DURATION OF IMPOUNDMENT. The duration of an
impoundment under this chapter is 30 days.
Sec. 731.004. NOTICE TO OWNER. The law enforcement agency
that impounds a motor vehicle under this chapter shall provide
notice to the owner of the vehicle in the manner described by
Section 2303.151, Occupations Code.
Sec. 731.005. COST FOR TOWING AND IMPOUNDMENT. (a) Except
as provided by Subsection (b) and subject to Subsection (d), the
owner of an impounded motor vehicle is liable for any costs incurred
by a law enforcement agency in towing and impounding the vehicle.
(b) If the owner of a motor vehicle reported the vehicle
stolen to a law enforcement agency before the impoundment of the
vehicle, the person who was operating the vehicle at the time the
vehicle was impounded is responsible for any costs incurred by a law
enforcement agency in towing and impounding the vehicle.
(c) The costs incurred by a law enforcement agency in towing
and impounding a stolen motor vehicle do not create a lien on the
vehicle.
(d) The cost for storing a motor vehicle impounded under
this chapter may not exceed $15 a day.
Sec. 731.006. RELEASE OF IMPOUNDED MOTOR VEHICLE AFTER 30
DAYS. On payment of the costs described by Section 731.005 and the
expiration of the 30-day impoundment period, a law enforcement
agency that impounds a motor vehicle under this chapter shall
release the vehicle to the owner of the vehicle if the owner
presents to the law enforcement agency:
(1) a driver's license;
(2) a certificate of title or vehicle registration;
and
(3) proof of financial responsibility described by
Section 601.051.
Sec. 731.007. RELEASE OF IMPOUNDED MOTOR VEHICLE BEFORE 30
DAYS. A law enforcement agency that impounds a motor vehicle under
this chapter shall release the vehicle to the owner of the vehicle
regardless of whether the 30-day impoundment period has expired if
the owner was not the operator of the vehicle at the time of the
commission of the offense under Section 20A.03, Penal Code, and the
owner presents proof satisfactory to the law enforcement agency
that, at that time, the vehicle:
(1) was reported stolen to a law enforcement agency;
(2) was operated by an employee of the owner who was
acting outside the scope of the employee's duties; or
(3) was leased to the operator by an owner that holds a
license to lease motor vehicles under Chapter 2301, Occupations
Code, or that is not required to hold a license under that chapter.
Sec. 731.008. ADMINISTRATIVE HEARINGS. (a) The Department
of Public Safety, at the request of the owner of a motor vehicle
impounded under this chapter, shall hold an administrative hearing
to determine if the vehicle was properly impounded.
(b) If it is determined at the administrative hearing that
the motor vehicle was improperly impounded, the law enforcement
agency that impounded the vehicle shall immediately release the
vehicle to the owner of the vehicle who requested the hearing.
Sec. 731.009. DISPOSAL OF ABANDONED IMPOUNDED VEHICLE. If
an owner does not make a claim for a motor vehicle impounded under
this chapter before the expiration of the 30-day impoundment
period:
(1) the vehicle is considered an abandoned vehicle;
and
(2) the law enforcement agency that impounded the
vehicle under this chapter shall dispose of the vehicle in the
manner described by Section 683.034.
SECTION 13. (a) This state, a political subdivision of this
state, and an agency of this state or a political subdivision of
this state shall implement the changes in law made by this Act in
the manner that:
(1) burdens the resources and interferes with the
policy priorities of the federal government and agencies of the
federal government as little as possible; and
(2) is most consistent with federal laws, rules, and
regulations regulating immigration and the enforcement of
immigration laws by the states.
(b) Nothing in this Act may be construed to implement any
provision of the REAL ID Act of 2005 (Pub. L. No. 109-13, Div. B) not
otherwise implemented by other state law.
SECTION 14. Chapter 53, Labor Code, as added by this Act,
applies only to a violation that occurs on or after the effective
date of this Act.
SECTION 15. The attorney general shall prescribe the
complaint form described by Section 53.102, Labor Code, as added by
this Act, and adopt any rules necessary to implement Chapter 53,
Labor Code, as added by this Act, as soon as practicable after the
effective date of this Act.
SECTION 16. This Act takes effect September 1, 2011.