82R14684 T
By: Pena H.B. No. 3667
A BILL TO BE ENTITLED
AN ACT
relating to the establishment and administration of an employment
verification compliance program, deterring the use of unauthorized
foreign workers, imposing powers and duties on executive agencies,
and providing for remedies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
Section 1. Subtitle A, Title 2, Labor code, is amended by
adding Chapter 23 to read as follows:
§ 23.001. PURPOSES. The general purposes of this chapter are
to:
(1) provide for the execution of the policies of Title
8, section 1324a of the Immigration and Nationality Act and its
subsequent amendments;
(2) identify an authority that meets the criteria
under 8 U.S.C. section 1324a(a)(1) and 8 U.S.C. section
1324a(a)(2); and,
(3) make available to the state the full productive
capacities of United States Citizens, Lawful Permanent Residents,
and employment-authorized foreign-born nationals in this state.
§ 23.002. DEFINITIONS. In this chapter:
(1) "E-Verify" means the internet-based system that
allows an employer, using information reported on an employee's
Form I-9, Employment Eligibility Verification form, to determine
the eligibility of that employee to work in the United States. The
system operated by the United States Department of Homeland
Security in partnership with the Social Security Administration.
(2) "knowingly" means having actual knowledge that a
person is an unauthorized foreign national or having a duty imposed
by law to determine the immigration status of an unauthorized
foreign national and failing to perform such duty.
(3) "unauthorized foreign national" means a person who
is--at the time of employment--neither an alien who is lawfully
admitted for permanent or conditional residence in the United
States pursuant to the federal Immigration and Nationality Act nor
authorized to be employed by the federal Immigration and
Nationality Act or the United States attorney general.
§ 23.003 ADMINISTRATIVE OFFENSE OF EMPLOYMENT OF
UNAUTHORIZED FOREIGN NATIONALS
(1) An employer shall not knowingly employ, recruit or
refer for a fee for employment, an unauthorized foreign national.
(2) An employer has not violated subsection (1) with
respect to a particular employee, if the employer:
(a) Requested from the employee, received, and
documented in the Form I-9 at least four (4) business days after
commencement of employment, lawful verification information
consistent with the employer requirements under the Immigration
Reform and Control Act of 1986, and its amendments; and
(b) The lawful resident verification information
provided by the person later was determined to be false.
(3) An employer has not violated subsection (1) with
respect to a particular employee, if the employer verified the
authorization status of the employee at least four (4) business
days after commencement of employment by using E-Verify.
(4) If there is substantial evidence that a violation
of subsection (1) has occurred, the commission shall conduct a
hearing on the question of whether the employer has violated
subsection (1). If the commission or the commission's designee
determined that there is clear and convincing evidence that a
person has violated subsection (1) the commission shall state in
its findings of fact and conclusions of law whether there have been
a pattern and practice of violations of subsection (1).
(a) For the first violation of subsection (1),
the commission shall issue an order compelling the employer to
request on-site training by the Department of Homeland Security to
assist the employer institute compliance protocols that may prevent
subsequent violations.
(b) For the second or subsequent violation of
subsection (1) occurring within two (2) years from the issuance of
the commission's first order, the commission shall order the
payment of an administrative fine to be assessed against the
employer up to an amount not to exceed:
(i) $500 in the case of an employer that has
fewer than 100 employees;
(ii) $1000 in the case of an employer that
has more than 101 employees and fewer than 200 employees;
(iii) $1500 in the case of an employer that
has more than 201 employees and fewer than 300 employees; and,
(iv) $2000 in the case of an employer that
has more than 301 employees or more.
(c) For the purposes of subsection (b), in
determining the number of employees of an employer, the requisite
number of employees must be employed by the employer for each of 20
or more calendar weeks in the current or preceding calendar year.
(5) The commission is authorized to promulgate rules
and regulations to effectuate the purposes of this section.