Texas Senate Bill SB85

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to the verification of employment authorization by state contractors and state grant recipients, including the use of the federal E-verify program, and to authorization for the suspension of certain licenses held by private employers for the knowing employment of persons not lawfully present in this state; authorizing a fee.

Impact

The introduction of SB85 affects the regulatory landscape concerning employer responsibilities in Texas related to employee verification. By stipulating that employers use the E-Verify system or demonstrate employment authorization through specific documentation, the bill increases compliance requirements for contractors and grant recipients. The legislation also allows for the suspension of licenses held by employers found to be knowingly employing individuals without lawful presence, thus creating a potentially significant penalty for non-compliance.

Summary

SB85 mandates the verification of employment authorization by state contractors and recipients of state grants, specifically requiring the use of the federal E-Verify program. This legislation aims to ensure that entities receiving state funds or contracts do not employ individuals who are not lawfully present in the United States. The bill outlines the procedures that state agencies must follow when awarding contracts and grants, underlining that only those contractors who participate in the E-Verify program or perform adequate verification of new employees can be considered for state contracts and funding.

Contention

There are notable points of contention surrounding SB85, primarily related to its implications for business operations and immigration enforcement. Proponents argue that the bill is necessary for safeguarding jobs for legal residents and ensuring that state funds are not used to support illegal employment practices. Critics, however, raise concerns about the potential overreach of state regulations and the burden it places on small businesses, which may find it challenging to navigate the additional verification processes. There are also fears that the emphasis on strict employment verification could lead to discrimination against individuals based on perceived immigration status.