82R8065 KJM-D
By: Price H.B. No. 3129
A BILL TO BE ENTITLED
AN ACT
relating to requiring employers to participate in the federal
electronic verification of work authorization program, or
E-verify; creating an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Labor Code, is amended by
adding Chapter 53 to read as follows:
CHAPTER 53. VERIFICATION OF EMPLOYEE INFORMATION
Sec. 53.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Workforce
Commission.
(2) "Employee" means an individual, other than an
independent contractor, who, for compensation, performs services
for an employer under a written or oral contract of hire, whether
express or implied.
(3) "Employer" means a person who employs one or more
employees. The term includes a governmental entity.
(4) "E-verify program" means the electronic
verification of work authorization program of the federal Illegal
Immigration Reform and Immigrant 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 federal Immigration Reform and Control
Act of 1986 (8 U.S.C. Section 1101 et seq.).
(5) "Governmental entity" means:
(A) the state; or
(B) a political subdivision of the state,
including a municipality, a county, or any kind of district.
Sec. 53.002. VERIFICATION. An employer shall register and
participate in the E-verify program to verify information of all
new employees.
Sec. 53.003. ADMINISTRATIVE PENALTY. (a) The commission
may assess an administrative penalty against an employer who
violates this chapter or a rule or order adopted under this chapter
in the amount of not less than $5,000 for a first violation and
$10,000 for each subsequent violation.
(b) An administrative penalty assessed under this section
is subject to the procedural requirements applicable to
administrative penalties under Sections 51.033(d)-(r).
Sec. 53.004. RULES. The commission shall adopt rules and
prescribe forms to implement this chapter.
SECTION 2. This Act takes effect September 1, 2011.