82S10205 MAW-D
By: Riddle H.B. No. 58
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the offense of employing or contracting
with an unauthorized alien.
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 AND THE
ADMINISTRATION OF CERTAIN LAWS
SECTION 2. Title 8, Penal Code, is amended by adding Chapter
40 to read as follows:
CHAPTER 40. CERTAIN EMPLOYMENT OR CONTRACTS PROHIBITED UNDER
FEDERAL LAW
Sec. 40.01. DEFINITION. In this chapter, "unauthorized
alien" has the meaning assigned by 8 U.S.C. Section 1324a(h)(3).
Sec. 40.02. EMPLOYING OR CONTRACTING WITH UNAUTHORIZED
ALIEN. (a) A person commits an offense if the person
intentionally, knowingly, or recklessly employs an unauthorized
alien or contracts for the performance of labor or other work with
an unauthorized alien.
(b) An offense under this section is a state jail felony.
Sec. 40.03. AFFIRMATIVE DEFENSE. It is an affirmative
defense to prosecution under Section 40.02 that the actor
attempted to verify the unauthorized alien's immigration status or
work authorization in a manner that is more likely than not to
produce a correct and reliable result concerning an individual's
immigration status or work authorization and had no knowledge of
the unauthorized alien's actual immigration status or work
authorization.
SECTION 3. This Act takes effect November 1, 2011.