LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION May 11, 2011 TO: Honorable Tommy Williams, Chair, Senate Committee on Transportation & Homeland Security FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB1254 by Carona (Relating to the creation of the offense of employing an individual not lawfully present in the United States.), As Introduced No significant fiscal implication to the State is anticipated. The bill would amend the Penal Code to include definitions for business, employ, individual not lawfully present, lawful resident alien, and lawful resident verification information. The bill would create an offense if a business intentionally or knowingly employs an individual not lawfully present punishable by a fine of not more than $10,000 for a first offense and not more than $20,000 or less than $10,000 for each subsequent offense. The attorney general would be authorized to offer to a county or district attorney, the assistance of the attorney generals office in the prosecution of an offense. A district or county attorney, or the attorney general would be authorized to recover reasonable expenses incurred, including court costs, reasonable attorneys fees, investigative costs, witness fees, and deposition costs. The bill also would establish affirmative defenses to prosecution of a violation by a business as defined by the provisions of the bill. The Office of the Attorney General anticipates any legal work resulting from the passage of the bill could be reasonably absorbed with current resources. Local Government Impact There could be a positive fiscal impact associated with the fines, but the amounts would vary depending on the number of offenses committed and the amount of the fine imposed for a violation; however, the amounts would be partially offset by the costs associated with the prosecution. No significant fiscal implication to units of local government is anticipated. Source Agencies:212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General LBB Staff: JOB, KJG, SD, TP, TB
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 82ND LEGISLATIVE REGULAR SESSION
May 11, 2011
TO: Honorable Tommy Williams, Chair, Senate Committee on Transportation & Homeland Security FROM: John S O'Brien, Director, Legislative Budget Board IN RE:SB1254 by Carona (Relating to the creation of the offense of employing an individual not lawfully present in the United States.), As Introduced
TO: Honorable Tommy Williams, Chair, Senate Committee on Transportation & Homeland Security
FROM: John S O'Brien, Director, Legislative Budget Board
IN RE: SB1254 by Carona (Relating to the creation of the offense of employing an individual not lawfully present in the United States.), As Introduced
Honorable Tommy Williams, Chair, Senate Committee on Transportation & Homeland Security
Honorable Tommy Williams, Chair, Senate Committee on Transportation & Homeland Security
John S O'Brien, Director, Legislative Budget Board
John S O'Brien, Director, Legislative Budget Board
SB1254 by Carona (Relating to the creation of the offense of employing an individual not lawfully present in the United States.), As Introduced
SB1254 by Carona (Relating to the creation of the offense of employing an individual not lawfully present in the United States.), As Introduced
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would amend the Penal Code to include definitions for business, employ, individual not lawfully present, lawful resident alien, and lawful resident verification information. The bill would create an offense if a business intentionally or knowingly employs an individual not lawfully present punishable by a fine of not more than $10,000 for a first offense and not more than $20,000 or less than $10,000 for each subsequent offense. The attorney general would be authorized to offer to a county or district attorney, the assistance of the attorney generals office in the prosecution of an offense. A district or county attorney, or the attorney general would be authorized to recover reasonable expenses incurred, including court costs, reasonable attorneys fees, investigative costs, witness fees, and deposition costs. The bill also would establish affirmative defenses to prosecution of a violation by a business as defined by the provisions of the bill. The Office of the Attorney General anticipates any legal work resulting from the passage of the bill could be reasonably absorbed with current resources.
The bill would amend the Penal Code to include definitions for business, employ, individual not lawfully present, lawful resident alien, and lawful resident verification information. The bill would create an offense if a business intentionally or knowingly employs an individual not lawfully present punishable by a fine of not more than $10,000 for a first offense and not more than $20,000 or less than $10,000 for each subsequent offense. The attorney general would be authorized to offer to a county or district attorney, the assistance of the attorney generals office in the prosecution of an offense. A district or county attorney, or the attorney general would be authorized to recover reasonable expenses incurred, including court costs, reasonable attorneys fees, investigative costs, witness fees, and deposition costs. The bill also would establish affirmative defenses to prosecution of a violation by a business as defined by the provisions of the bill.
The Office of the Attorney General anticipates any legal work resulting from the passage of the bill could be reasonably absorbed with current resources.
Local Government Impact
There could be a positive fiscal impact associated with the fines, but the amounts would vary depending on the number of offenses committed and the amount of the fine imposed for a violation; however, the amounts would be partially offset by the costs associated with the prosecution. No significant fiscal implication to units of local government is anticipated.
Source Agencies: 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General
212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General
LBB Staff: JOB, KJG, SD, TP, TB
JOB, KJG, SD, TP, TB