Relating to certain duties of employers voluntarily participating in the federal E-Verify program and of the Texas Workforce Commission in regard to the E-Verify program; providing civil penalties.
Impact
The introduction of HB 997 signifies a move towards stricter enforcement of employment verification processes within Texas. By focusing on the voluntary participation of employers in the E-Verify program, the bill imposes civil penalties for violations, which could result in significant financial implications for non-compliant employers. For instance, fines can increase with repeat violations, highlighting an escalating approach aimed at ensuring adherence. Moreover, the bill positions the Texas Workforce Commission as a critical player in managing compliance and facilitating employee rights through potential civil actions for violations against employees.
Summary
House Bill 997 addresses the responsibilities of employers who voluntarily participate in the federal E-Verify program, establishing new rules and civil penalties for non-compliance. Specifically, the bill amends the Labor Code to introduce Chapter 53, which outlines the duties expected from employers and the Texas Workforce Commission's role in overseeing these duties. It includes requirements for employers to ensure they are aware of the E-Verify program's accuracy and their legal obligations when enrolling in the program. The bill mandates that information regarding the E-Verify program must be clearly posted in the workplace and that employees designated to administer the program complete necessary training courses.
Contention
The bill has surfaced points of contention, particularly around potential misuse of the E-Verify program and concerns about discrimination. Critics argue that while the E-Verify program aims to prevent illegal hiring practices, it may inadvertently lead to discriminatory practices against individuals based on their perceived legal status. The provisions that classify certain actions as unlawful employment practices could lead to complications for employers attempting to navigate between compliance with federal and state laws, creating an environment ripe for legal disputes. The balance between ensuring workforce integrity and protecting individual rights under this new law is a key area of debate.
Civil action
HB 997 further allows individuals who believe they have been unfairly treated due to an employer's violation of the E-Verify provisions to initiate civil actions. Such a mechanism provides a layer of protection for employees by holding employers accountable for how they implement the E-Verify procedures. The civil penalties structured within the bill not only deter non-compliance but also empower employees with legal recourse, thus refining the landscape of employment practices concerning verification processes.
Relating to requiring state contractors, political subdivisions of this state, and private employers to participate in the federal electronic verification of employment authorization program, or E-verify.
Relating to requiring state contractors, political subdivisions of this state, and private employers to participate in the federal electronic verification of employment authorization program, or E-verify.
Relating to the creation of the employer child-care contribution partnership program administered by the Texas Workforce Commission; authorizing a civil penalty.
Relating to certain laws that regulate aspects of illegal immigration in this state, including laws pertaining to the DNA records of certain persons subject to an immigration detainer request, the recognition of certain out-of-state driver's licenses, inviting certain federal agencies to participate on the homeland security council, the reporting of certain uncompensated hospital care costs, and certain requirements for participation in the E-verify program; increasing a criminal penalty.
Relating to requiring political subdivisions of this state to participate in the federal electronic verification of employment authorization program, or E-verify.