89R8710 RDS-D
By: Dutton H.B. No. 2351
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the employment of persons not lawfully
present; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 2, Labor Code, is amended by
adding Chapter 53 to read as follows:
CHAPTER 53. PROHIBITION ON EMPLOYMENT OF PERSONS NOT LAWFULLY
PRESENT
Sec. 53.001. DEFINITIONS. In this chapter:
(1) "Employee" means an individual who is employed by
an employer for compensation. The term includes an individual
employed on a part-time basis.
(2) "Employer" means a person who:
(A) employs at least one employee; or
(B) acts directly or indirectly in the interests
of an employer in relation to an employee.
(3) "Person not lawfully present" means a person who,
at the time of employment, is present in this country following the
commission of an offense under Chapter 51, Penal Code.
Sec. 53.002. OFFENSE: EMPLOYMENT OF PERSON NOT LAWFULLY
PRESENT. (a) An employer commits an offense if the employer
knowingly hires or employs a person not lawfully present.
(b) An offense under this section is a felony of the third
degree.
(c) It is not a defense to prosecution under this section
that the employer classified the person not lawfully present as an
independent contractor if the classification was not in accordance
with Chapter 201.
SECTION 2. This Act takes effect September 1, 2025.