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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the offense of employing or contracting |
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with an unauthorized alien. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Title 8, Penal Code, is amended to |
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read as follows: |
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TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION AND THE |
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ADMINISTRATION OF CERTAIN LAWS |
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SECTION 2. Title 8, Penal Code, is amended by adding Chapter |
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40 to read as follows: |
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CHAPTER 40. CERTAIN EMPLOYMENT OR CONTRACTS PROHIBITED UNDER |
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FEDERAL LAW |
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Sec. 40.01. DEFINITION. In this chapter, "unauthorized |
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alien" has the meaning assigned by 8 U.S.C. Section 1324a(h)(3). |
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Sec. 40.02. EMPLOYING OR CONTRACTING WITH UNAUTHORIZED |
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ALIEN. (a) A person commits an offense if the person |
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intentionally, knowingly, or recklessly: |
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(1) employs an unauthorized alien; |
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(2) contracts for the performance of labor or other |
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work with an unauthorized alien; or |
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(3) contracts or subcontracts for the performance of |
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labor or other work with another person the actor knows will employ |
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or contract with an unauthorized alien to perform labor or other |
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work under the contract or subcontract. |
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(b) An offense under this section is a state jail felony. |
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Sec. 40.03. EXCEPTIONS. It is an exception to the |
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application of Section 40.02 that the actor: |
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(1) employed or contracted with the unauthorized |
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alien, or entered into a contract or subcontract described by |
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Section 40.02(a)(3), for the purpose of obtaining labor or other |
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work to be performed exclusively or primarily at a single-family |
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residence in which the actor resides; or |
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(2) attempted to verify the unauthorized alien's |
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immigration status or work authorization in a manner that is more |
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likely than not to produce a correct and reliable result concerning |
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an individual's immigration status or work authorization and had no |
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knowledge of the unauthorized alien's actual immigration status or |
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work authorization. |
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SECTION 3. This Act takes effect September 1, 2011. |