By: Huffman S.B. No. 766
(In the Senate - Filed February 23, 2021; March 11, 2021,
read first time and referred to Committee on Jurisprudence;
April 9, 2021, reported favorably by the following vote: Yeas 5,
Nays 0; April 9, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to requiring sexually oriented businesses to participate
in the federal electronic verification of employment authorization
program, or E-verify; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.016, Labor Code, is amended by
amending Subsections (a), (c), (d), (e), and (h) and adding
Subsection (j) to read as follows:
(a) In this section:
(1) "E-verify program" has the meaning assigned by
Section 673.001, Government Code.
(2) "Sexually[, "sexually] oriented business" has the
meaning assigned by Section 243.002, Local Government Code.
(c) A sexually oriented business shall:
(1) maintain at the business a record that contains a
copy of a valid proof of identification of each employee and [or]
independent contractor working at the premises of the business; and
(2) register and participate in the E-verify program
to verify information of all employees and independent contractors.
(d) A proof of identification satisfies the requirements of
Subsection (c)(1) [(c)] if the identification:
(1) contains a physical description and photograph
consistent with the person's appearance;
(2) contains the date of birth of the person; and
(3) was issued by a government agency.
(e) The form of identification under Subsection (c)(1)
[(c)] may include:
(1) a driver's license issued by this state or another
state;
(2) a passport; or
(3) an identification card issued by this or another
state or the federal government.
(h) The commission, the attorney general, or a [local] law
enforcement agency may inspect a record maintained under this
section and request proof of E-verify program information
verification if there is good reason to believe that an individual
younger than 18 years of age is employed or has been employed by the
sexually oriented business within the five [two] years preceding
the date of the inspection.
(j) A person commits an offense if the person fails to
register and participate in the E-verify program as required by
Subsection (c)(2).
SECTION 2. The change in law made by this Act applies only
to an employee of a sexually oriented business who commences
employment with the business on or after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2021.
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