Bill Text: TX HB2450 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the creation of the offense of employing an individual not lawfully present in the United States.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-03-14 - Referred to State Affairs [HB2450 Detail]
Download: Texas-2011-HB2450-Introduced.html
| 82R9463 KSD-F | ||
| By: Jackson | H.B. No. 2450 | |
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| relating to the creation of the offense of employing an individual | ||
| not lawfully present in the United States. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Title 8, Penal Code, is amended to | ||
| read as follows: | ||
| TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION; ADMINISTRATION OF | ||
| CERTAIN LAWS | ||
| SECTION 2. Title 8, Penal Code, is amended by adding Chapter | ||
| 40 to read as follows: | ||
| CHAPTER 40. CERTAIN EMPLOYMENT PROHIBITED UNDER FEDERAL LAW | ||
| Sec. 40.01. DEFINITIONS. In this chapter: | ||
| (1) "Business" means a commercial enterprise or | ||
| establishment, including a sole proprietorship, joint venture, | ||
| partnership, corporation, or other legally recognizable entity, | ||
| whether for profit or not for profit, that engages in a business | ||
| operation in this state. | ||
| (2) "Employ" means to agree or promise to provide | ||
| compensation for labor or services rendered. | ||
| (3) "Individual not lawfully present" means an | ||
| individual who, at the time of employment, is an alien who is not | ||
| lawfully admitted for permanent residence in the United States | ||
| under the federal Immigration and Nationality Act (8 U.S.C. Section | ||
| 1101 et seq.) or not otherwise authorized to be employed by that Act | ||
| or the United States attorney general. | ||
| (4) "Lawful resident alien" means a person who is | ||
| entitled to lawful residence in the United States under the federal | ||
| Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.). | ||
| (5) "Lawful resident verification information" means | ||
| the documentation required by the United States Department of | ||
| Homeland Security for completing the employment eligibility | ||
| verification form commonly referred to as the I-9. Documentation | ||
| that satisfies the requirements of the Form I-9 at the time of | ||
| employment is lawful resident verification information. | ||
| Sec. 40.02. EMPLOYING INDIVIDUAL NOT LAWFULLY PRESENT. (a) | ||
| A business commits an offense if the business intentionally or | ||
| knowingly employs an individual not lawfully present. | ||
| (b) An offense under this section is punishable by a fine of | ||
| not more than $10,000 for the first offense and a fine of not more | ||
| than $20,000 or less than $10,000 for each subsequent offense. | ||
| (c) The attorney general may offer to a county or district | ||
| attorney the assistance of the attorney general's office in the | ||
| prosecution of an offense under this section. For purposes of this | ||
| subsection, assistance includes investigative, technical, and | ||
| litigation assistance. | ||
| (d) In addition to the fines described by Subsection (b), a | ||
| district attorney, a county attorney, or the attorney general may | ||
| recover reasonable expenses incurred in prosecuting an offense | ||
| under this section, including court costs, reasonable attorney's | ||
| fees, investigative costs, witness fees, and deposition costs. | ||
| Sec. 40.03. AFFIRMATIVE DEFENSES. (a) It is an affirmative | ||
| defense to prosecution of a violation of Section 40.02 that: | ||
| (1) the business, at least l4 calendar days after the | ||
| commencement of the employee's employment, requested from the | ||
| employee and received and documented in the employee's employment | ||
| record, lawful resident verification information consistent with | ||
| employer requirements under the federal Immigration Reform and | ||
| Control Act of 1986 (Pub. L. No. 99-603); and | ||
| (2) the lawful resident verification information | ||
| provided by the employee later was determined to be false. | ||
| (b) It is an affirmative defense to prosecution of a | ||
| violation of Section 40.02 that the business verified the | ||
| immigration status of the individual at least 14 calendar days | ||
| after the commencement of the employee's employment through an | ||
| electronic federal work authorization program operated by the | ||
| United States Department of Homeland Security to verify information | ||
| of newly hired employees. | ||
| SECTION 3. This Act takes effect September 1, 2011. | ||
